


Book—> C& 


I'RKSKNTHI) HY 


















































¥ 

THE 


DESERT LANDS 


KERN COUNTY, CAL. 


AFFIDAVITS OF VARIOUS RESIDENTS OF SAID 

COUNTY. 


ALSO REPORT OF 

GEN. B. S. ALEXANDER, COL. GEO. H. MENDELL AND 

PROF. GEO. DAVIDSON. 


WITH DESCRIPTIVE MAPS. 


SAN FRANCISCO : 

C. H. STREET, PUBLISHER, 522 CALIFORNIA ST. 

1877. 





I L 

. C 2 // z. 





v 


Joins Hopfcin’s Unir. 
Out. 

wn 2u tyuy 





* 


* 



( 


V 


/ 


STATEMENT. 

The great valley of the San Joaquin and Tulare extends from the delta 
of the San Joaquin and Sacramento Rivers in a southerly direction more 
than 250 miles, and contains nearly 7,000,000 acres of land. The southern 
portion of this valley, particularly that in Fresno, Tulare and Kern Coun¬ 
ties, is of comparatively little value without artificial irrigation. Some of 
this portion of it has been irrigated, and has proven to be extremely 
fertile. / I I 

The subject of irrigation has ^attracted the attention of Californians 
since the acquisition of the country by the United States. In and about 
Los Angeles, in the southern portion of this State, irrigation had been 
successfully, though to a limited extent, practiced before such acquisition. 

In Marrh, 1873, Congress passed an act for the appointment, by the 
President, of a Board of Commissioners on the subject of the irrigation 
of the great valleys of California. In pursuance of said act, Lieutenant- 
Colonel B. S. Alexander, Major George H. Mendell and Professor George 
Davidson were appointed and constituted said Board. These Commis¬ 
sioners, in the summer of that year, made an examination of the great 
valleys of California, including that portion of the San Joaquin and 
Tulare Valley in Kern County. They ascertained the amount of rainfall, 
examined the character of the soil, the rivers and sources of supply of 
water for irrigation, and in February, 1874, reported to the President of 
the United States the result of this examination, and their views upon 
the subject, which report I now refer to. This report is an able and 
elaborate document, and is regarded as unquestionable authority. 

Whilst this investigation was being made, I purchased a large quantity 
of land in Kern County, on the south side of Kern River, and between that 
river and Buena Vista and Kern Lakes, where the rainfall was less than 


IV 


in any other part of the great valleys explored by these Commissioners, 
and where Kern River afforded a large and abundant supply of water, 
easily available for irrigating purposes, determined to make a test of the 
subject of irrigation. I also purchased various water-rights which had 
been located under the laws of California, and located others, and pro¬ 
ceeded to construct ditches and irrigating canals for the purpose of irri¬ 
gating my lands, with a view that when I had sufficiently demonstrated 
the subject and rendered my lands subject to irrigation, of dividing them up 
into small tracts and selling them out to farmers, with the water-rights nec¬ 
essary for irrigating the same. 

At that time farming on irrigated land was not much understood, and 
there were but few inhabitants in that section of the State, consequently 
fewer purchasers for my lands. I therefore determined to demonstrate 
more fully the effect of irrigation upon these lands, and their great fer¬ 
tility when irrigated, thereby inducing purchasers from a distance, and 
accordingly established, under the direction of George F. Thornton, 
Superintendent, the farm known as the Belle View Ranch, and subse¬ 
quently the McClung Ranch. 

These two ranches are minutely described in the affidavits of Thorn¬ 
ton, McClung, Keys and others. I built extensive houses and barns upon 
them, fenced them in, built cross-fences, irrigating and distributing 
ditches, and spent a large amount of money on them. Some idea of the 
amount will be ascertained from the accompanying affidavits. Upon 
these farms I have conclusively demonstrated that, with a proper supply 
of water, no lands in the world are more productive or fertile than the 
valley of Kern River. The accompanying affidavits show in detail how 
productive they are. 

During this time I found that this locality was more or less subject to 
chills and fever, induced by malaria arising from the stagnant waters 
of Kern and Buena Vista lakes and the swamp lands around the same. 

Kern River, in the spring of the year, is a bold, full stream, carrying a 
vast amount of water, fed by the melting of snows in the Sierra Nevada 
Mountains, and subsiding towards the fall of the year. In times of high 
water flowing into and filling up these lakes, and, after reaching a certain 
stage, emptying into Buena Vista Slough, and thence into Tulare Lake. 


Below a certain stage the waters cease to flow out of these lakes, and 
there is no other outlet except by evaporation. Rank vegetation springs 
up along the margin, and the hot sun of the summer induces decomposi¬ 
tion and malaria. 

I accordingly turned my attention to remedying this objection, pur¬ 
chased these lakes and a large portion of the swamp lands around the 
same, with a view of draining and reclaiming them ; and to that end, 
under the direction of experienced engineers, proceeded to intercept and 
divert the waters of Kern River from flowing into these lakes, and turn¬ 
ing them upon lands that had hitherto been regarded as worthless for 
agricultural purposes. I built the canal known as the Goose Lake Slough 
Canal, capable of diverting the great body of water and preventing its 
flowing into the lakes. This, however, did not utilize sufficiently all this 
excess of water. 

In March, 1877, Congress passed an act commonly known as the Des¬ 
ert Land Act. By this Act, all lands in the State of California, exclusive 
of timber lands and mineral lands, which will not without irrigation pro¬ 
duce some agricultural crop, are declared to be desert lands. I purchased 
a large number of the odd-numbered sections on the north side of said 
river, higher up than Goose Lake Slough, induced my friends to enter 
the even-numbered sections adjoining the odd sections purchased by me, 
purchased water rights, and proceeded to construct canals to irrigate a 
much larger extent of country, and thereby utilize effectually all the sur¬ 
plus waters of said river. The same ditches used to irrigate my odd sec¬ 
tions would furnish water for these even sections so entered. I desired 
the co-operation of the owners of such even sections; desired to have their 
lands contribute a proper proportion towards the expense of irrigation, 
they deriving their proportion of the benefit; to have friendly parties 
interested with me in my work, to have no obstacles interposed for rights 
of way or otherwise, and to avoid unnecessary and delaying controversy 
with strangers who would or could impede me, and nearly all of these 
even sections have been entered by friendly parties, who are co-operating 
with me in the'construction of these canals for the irrigation of the entire 
tract, and we expect to complete the same, and to irrigate all this land 
within the time prescribed by the Act of Congress. No lands have been 


VI 


entered which are not desert lands within the meaning of the Act. They 
had all been surveyed for twenty-odd years before the entries, were unoc¬ 
cupied and unsettled upon—up to that time no one regarding them of 
sufficient value to pre-empt or homestead—their desert character being 
occasioned from want of sufficient rainfall in that section of country to 
produce without irrigation. 

In May, 1876, the Secretary of State transmitted to the Senate of the 
United States, the report of Professor George Davidson upon the subject 
of irrigation and reclamation of lands for agricultural purpose as practiced 
in India, Egypt, Italy and other countries. This report was made by him 
after a personal examination of these various systems, is an able and 
elaborate document upon the subject, and is referred to as imparting very 
desirable information to all who have or feel an interest in irrigation. 

Since these desert land entries were made, invidious and designing per¬ 
sons have grossly misrepresented the facts touching the character of said 
lands, and touching said entries. The enterprise has been held up to the 
public as the grandest scheme of fraud and land-grabbing ever attempted 
in the country. Efforts have been made, and are being made, to induce 
unusual rulings of the Department, in order to have said entries vacated. 
Up to this time I have had nothing to say, supposing that this sort of 
thing would exhaust itself. But as such misrepresentations and false 
statements have not ceased, I deem it proper to show the facts with regard 
to said lands, and to that end, at my instance and request, these gentle¬ 
men, in whom the Government had placed such confidence as to ap¬ 
point Commissioners on the subject of irrigation, have personally visited 
Kern County, examined the lands entered under the Desert Land Law, as 
well as my own, and every part of them, and reported thereon. Their 
report is herewith published. Their character for ability, learning 
and integrity is sufficient to satisfy everyone who reads, of the truth of 
what they say.’ 

I have also procured the affidavits of most of the residents of Kern 
County in the vicinity of the lands referred to, and they are herewith 
published. These affiants are generally property-holders and tax-payers ; 
are all men of integrity and standing in the community in which they 
live. They are such men as make, and express public opinion and senti- 


vll 


ment in their county, and their affidavits show what this opinion and sen¬ 
timent is with regard to this subject. 

My object has not been, nor do I wish to monopolize large bodies of 
land, but I desire to make valuable and available that which I have, by 
extending irrigating ditches over my lands, and when these lands are sub¬ 
ject to irrigation, to divide them up and sell them out in small tracts with 
the water rights necessary for irrigation. I have already built houses 
upon many tracts and have induced many industrious farmers to occupy 
and cultivate them, and I expect to continue to do the same, and that this 
section of Kern County will, in time, prove to be as populous and fertile, 
if not more so, than any other part of the State. The terms I have 
offered, and will offer, are liberal both to tenants and purchasers, and I 
have no doubt that many will avail themselves of them. 

Since my first purchase in Kern County and the beginning of the 
scheme undertaken by me, the value of property has greatly increased. 
These affidavits will show how much of this is attributable to myself and 
to my efforts. 

In conclusion : I have no personal or political controversy with any 
newspaper or party which has been actively engaged for the past few 
months in misrepresenting my enterprise. Whatever may be the motive 
or object, I confidently rely on the approval of all fair-minded men. 

J. B. Haggin. 

Note —There is attached hereto a “Map of part of Kern County com¬ 
piled from official surveys and records,” which is the same map as that 
referred to in, and attached to, the various original affidavits. There is 
also a “Map of a part of the State of California,” showing the relation o 
Kern County and the said canals and lands to San Francisco. 


* 




INDEX 


Name. 

Statement. 

Desert Land Act. 

Anderson, J. T. 

Ashe, Richard J. 

Atterbery, J. M. 

Amy, Victor. 

Anderson, James R. 

Ashe, R. J. 

Ardizzi, B. 

Atterbury, J. P. 

Barker, J ohn. 

Beard, John. 

Bennett, Charles. 

Bizzell, L. D. 

Barnes, Thomas W, 

Booth, Oliver. 

Bower, William R. 

Bloodworth, H. W. 

Brittain, J. S. 

Briggs, J. L. 

Broad, William PI. 

Brook, W. H. 

Brundage, B. 

Bachman, H. S. 

Buffum, George D. 

Calderbank, William. .. 

Campbell, James. 

Chapman, Thomas A... 

Clendenen, T. H. 

Collins. A. O. 

Coons, Alonzo. 

Coons, William H. 

Cox, John S. 

Coyle, P. H. 

Crocker, J. C. 

Calloway, O. P. 

Canfield, W. 

Carey, Nelson. 

Coyle, C. T. 

Collom, D. D. 

Christensen, C. 

Costi, Paul. 

Crocker, J. C. 


Page. 

iii 

vii 

i 

3 

4 

. 225 
. 226 
. 228 
. 229 
. 231 
6 
8 
9 

. 10 

12 

• 13 

• 14 

• 15 

• 17 

. 18 

. 20 

21 


232 

2 33 

27 

28 

29 

3 1 

3 2 

33 

34 

3 6 

37 

38 
40 

2 35 

236 

2 3 7 

2 39 

240 

241 

242 





















































































































































































































X 


INDEX. 


Name. 

Dixon, R. L. 

Darnel, J. J. 

Donaldson, A. M. 

Drake, Frank. 

Dixon, J. P. 

Dunlap, Calvin. 

Dysert, Stephen. 

Emery, Charles H. 

Ellis, J. S. 

Farman, Seth M. 

Fontaine, Joseph. 

Fillebrown, T. R. 

Forsyth, Alec. 

Fries, L. F. 

Funk, John. 

Garrison, S. J. 

Glendening, Wm. 

Gunn, George B. 

Goodman, S. 

Goode, William. 

Gibbs, Charles D. 

Gildersleeve, S. W. 

Harding, Thomas E.... 

Hill, Hiram. 

Hirshfield, H. 

Hirshfeld, L. 

Hodgkins, L. R. 

Hoffmann, A. S. 

Hodgdon, Eugene F.... 

Hewlett, John. 

Hunt, S. H. 

Hunt, S. H. 

Hudson, W. W. 

Hickcox, Seth H. 

Hepburn, J. W. 

Hodgdon, Eugene F... 

Inman, Samuel B.,. 

Jackson, C. G.,. 

Jackson, W. F. 

James Walter. 

James, Walter. 

Jastro, H. A. 

Jeffrey, Thomas B. 

Jewett, Philo D. 

Johnson, W. H. 

Judd. S. M. 

Keys, Thomas J. 


Page. 

• 43 

• 44 

• 46 

• 47 

• 244 
246 

. 248 

• 49 
. 249 
. 250 

• 50 

• 52 

• 59 
60 

. 61 

• 6 3 

• 252 
. 252 

- 6 3 

• 65 
. 66 
. 68 

• 6 9 

- 70 
. 72 

• • 73 

• 74 

. 76 

•• 77 

. 78 

. 80 

. 82 

• 254 
. 256 

• - 257 

.. 258 
.. 86 
.. 87 

.. 92 

• • 93 

• • 259 

.. 98 

• • 99 

.. 100 
.. 260 
.. 262 
.. 102 
.. 263 











































































































































































































































INDEX. 


xi 


Name. Page. 

Lambert, H. L. . . . . 108 

Lennox, Andrew. . . ...... . no 

Lightner, A. T. . . . . 113 

Linthicum, J. F. . ... . . 115 

Lundy, J. M. . . . . 262 

Mann, L. L. . . . . 116 

Marley, W. C,. .• . . . 117 

Maude, A. C. . . . . 118 

Macmurdo, W. R. . . . . 120 

McClung, F. B. . . . . 122 

Martin, F. W. . . . . 265 

Mayo, C. H. . . . . 265 

McIntosh, James C. . . . . 267 

McIntosh, Jas. C. . . . . 268 

McFerren, D. S. . . . . 270 

McCord, W. P. . . . . 125 

McCumber, J. F. . . . . 127 

McFarlane, John. . . . . 128 

McFarland, William... . . . . 130 

McLean, D. G. . . . . 131 

McQuirk, Michael. . . . . 271 

Meacham, R. . . . . 272 

Meeker, S. M. . . . . 274 

Meegan, William. . . . . 133 

Miller, C. . . . . 275 

Miller, Jno. O,. . . . . 276 

Mills, E. . . . . 134 

Murry, J. P. . . . . 13 6 

Myers, Jasper. . . . . *39 

Nelson, F. D. . . . . 14 1 

Niederauer, J. . . . . * 4 2 

Noble, H. . . . . 277 

Norton, Daniel. . . . . 144 

O’Hare, Peter. . . . . 145 

Oneal, P. B. . . . .^278 

Ownby, J. P. . . . . 147 

Parish, G. W. . . . . 148 

Parish, G. W. . . . . 149 

Park, H. C. . . . . 150 

Patten, J. H. . . . . 15 1 

Pemberton, James C. . . . . *53 

Pensinger, Jerry. . . . . *54 

Perrin, Robert. . . . . 279 

Peters, J. F. . . . . 280 

Phillips, William B. . . . . 282 

Proft, Charles J. . . . .283 

Philbrick, Thomas C... . . . . *55 

Phillips, William E. . . . . 156 













































































































































































































































INDEX. 


xii 

Name. Page. 

Prindle, H. . . . . I 57 

Randall, Phillip. . . . . 2 &4 

Racine, George. . . . . 286 

Rogers, Jesse. . . . . 287 

Robertson, John P. . . . . 288 

Rice, J. W. . . . . iS 9 

Roper, Fordyce. . . . . 160 

Robb, JohnS. . . . . 161 

Rose, Allen E. . . . . 162 

Said, B. K. . . . . 164 

Sawyer, G. . . . . 166 

Scribner, William H... . . . . . 168 

Seckel, George. . . . . 169 

Sinclair, D. A. . . . . 171 

Smith, A. G. . . . . 173 

Smith, A. P. . . . . 175 

Smith, J. E. . . . . 176 

Smith, R. A. . . . . 177 

Steinman, Fred. . . . . 178 

Steinman, Fred. .. . . . 290 

Stockton, J. D. . . . . 180 

Stoutenburgh, T. A. . . . . 181 

Staff, W. W. . . . . 183 

Teasdale, George. . . . . 184 

Theisen, Charles. . . . . 291 

Thornton, George F.... . . . . 186 

Taylor, J. Temple. . . . . 194 

Taylor, B. R. . . . . 196 

Taylor, M. F. . . . . 101 

Vidal, Lewis. . . . . 202 

Waldon, P. J. . . . . 203 

Warner, W. H. . . . . 205 

Wanen, Francis. . . . . 206 

Wear, S. C. . . . . 207 

Weill, Alphonso,. . . . . 209 

Weil, Jacob. . . . . 210 

Wells, M. P. . . . . 2x1 

Westfall, S. C. . . . . 213 

Wilkinson, N. R. . . . . 214 

Wible, S. W. . . . . 216 

Whitcomb, O. L. . . . . 218 

White, Ludwick. . . . . 220 

Withington, R. W. . . . . 221 

Woodward, H. W. . . . . 223 

Wulff, Henry. . . . . 224 

Resolutions of Board of Supervisors of Kern County.. . . 293 

Statement from Tax Roll. . . . . 294 

Certificate of County Assessor . . . . 297 

Certificate of District Judge, et al. ...... . . 298 

Report of Col. Mendell, et al. . . . . 300 


















































































































































































































































DESERT LAND ACT. 


Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall be lawful for any 
citizen of the United States, or any person of requisite age “who may be 
entitled to become a citizen, and who has filed his declaration to become 
such,” and upon payment of twenty-five cents per acre, to file a declara¬ 
tion, under oath, with the register and receiver of the land district in 
which any desert land is situated, that he intends to reclaim a tract of 
desert land, not exceeding one section, by conducting water upon the same 
within the period of three years thereafter: provided , however , that the 
right to the use of water by the person so conducting the same on or to 
any tract of desert land of six hundred and forty acres shall depend upon 
bona fide prior appropriation; and such right shall not exceed the amount 
of water actually appropriated and necessarily used for the purpose of 
irrigation and reclamation ; and all surplus water over and above such 
actual appropriation and use, together with the water of all lakes, rivers, 
and other sources of water supply upon the public lands and not navigable, 
shall remain and be held free for the appropriation and use of the public 
for irrigation, mining and manufacturing purposes subject to existing 
rights. Said declaration shall describe particularly said section of land 
if surveyed, and if unsurveyed shall describe the same as nearly as possi¬ 
ble without a survey. At any time within the period of three years after 
filing said declaration, upon making satisfactory proof to the register and 
receiver of the reclamation of said tract of land in the manner aforesaid, 
and upon the payment to the receiver of the additional sum of one dollar 
per acre for a tract of land not exceeding six hundred and forty acres to 
any one person, a patent for the same shall be issued to him: provided, 
that no person shall be permitted to enter more than one tract of land, 
and not to exceed six hundred and forty acres, which shall be in com¬ 
pact form. 

Section 2. That all lands exclusive of timber lands and mineral lands 
which will not, without irrigation, produce some agricultural crop, shall 
be deemed desert lands within the meaning of this act, which fact shall 
be ascertained by proof of two or more credible witnesses under oath, 



xiv DESERT LAND ACT. 

whose affidavits shall be filed in the land office in which said tract of land 
may be situated. 

Section 3. That this act shall only apply to and take effect in the 
States of California, Oregon, and Nevada, and the Territories of Wash¬ 
ington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and 
Dakota, and the determination of what may be considered desert land 
shall be subject to the decision and regulation of the Commissioner of 
the General Land Office. 



DESERT LANDS. 


Affidavit of J. T. Anderson. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. T. Anderson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Edward F. Raun, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

Section 30, Township 29 South, of Range 27 East, Mount Diablo Base 
and Merrdian ; that he has been upon said land, and is acquainted there- 
Avith ; and that his knowledge of said land is such as to enable him to testify 
understandingly with regard thereto ; that said land is very dry and arid ; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irri¬ 
gation any agricultural crop, and is in fact worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irriga¬ 
tion ; that said land is not timber land, and that there is not to his 
knowledge, within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise ; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por- 




2 


DESERT LANDS. 


tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land, 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in said County of Kern for six 
years, and four and one-half years of that period on Section 34, Town¬ 
ship 29 South, of Range 27 East, cultivating and farming the same ; that 
said named land lies between and in the fork of Old River and New Kern 
River, the farm touching the banks of both forks of said river, having the 
advantage of being bounded on the north, east and south by said rivers ; 
that said last described land is not exceeded in quality by any lands in 
the county, and is as likely to produce an agricultural crop without irriga¬ 
tion as any other lands in the said county and lying in Kern Valley, and 
delineated on the map hereto annexed, signed with his name, which said 
lands are designated on said map by red lines being drawn around the 
boundaries of the same, said farm having been enlarged since his first 
residence on it by the purchase of Section 27, no acres of swamp land 
in Section 35, and 170 acres of railroad land in said last named section, 
and 160 acres in Section 26, in Township 29 South, of Range 27 East. 

Affiant states that he has cultivated a considerable portion of this land 
every year since he resided on it ; that whenever he failed to get any por¬ 
tion of the cultivated land irrigated he failed to make a crop on that por¬ 
tion of it, but has every season made fine crops on that portion which he 
succeeded in irrigating ; that it is impossible to make crops on any of said 
land without irrigation. 

Affiant further states that he is acquainted with the general character 
of all the land designated on said map north of Kern River and the seg¬ 
regated line of swamp and overflowed lands on Buena Vista Slough, and 
west of the Southern Pacific Railroad on as far as Delano ; and that from 
such knowledge he is able to testify intelligently in relation thereto ; that 
said land is desolate, dry and desert, in its primitive state, unfit for 
cultivating any agricultural crop ; that it is worthless for such purpose 
except such a thorough system of irrigation is applied to it as will fully 
saturate the soil during the growing season with water ; that the applica¬ 
tion of any such system of irrigation to said land is only within the means 
of large capitalists ; that no persons of ordinary means, even by a com¬ 
bination of means and labor, can complete ditches sufficiently large for 
irrigating purposes to any considerable distance from Kern River, that 
being the only available source of supply ; during the early part of the 
year wild grasses spring up, which parches and dries as soon as the hot 
weather sets in, which lasts eight months or more of the year. 






desb:rt lands. 


3 


Affiant further states that since he has resided in this valley as aforesaid 
no rainfall has occurred sufficient to grow and mature any agricultural 
crop; in short he has never seen or known such crops to be raised without 
having been irrigated. 

Affiant further states that the quality of the soil of all the lands herein 
referred to is most excellent and most productive when freely irrigated ; 
that a thorough system of irrigation applied to said lands will convert an 
almost uninhabitable desert into a fertile productive country, add mg 
largely to the taxable value of the property of the county and to that ex¬ 
tent increasing the State and County taxes, and greatly add to the public 
prosperity ; and further this affiant saith not. J. T. Anderson. 


STATE. Or CALIFORNIA, 

County of Kern. 

I, F. W. Craig, County Clerk and ex-officio Clerk of the County Court, 
it being a court of record and having a seal, do hereby certify that the 
foregoing affidavit was subscribed and sworn to before me by J. T. An¬ 
derson on this Eleventh day of October, A. D. 1877 ; and I do certify 
that said affidavit was read to the said J. T. Anderson previous to his 
name being subscribe:! thereto ; and that deponent is a respectable per¬ 
son, to whose affidavit full faith and credit should be given. 

In witness whereof, I have hereunto subscribed my name and 
affixed the seal of said court this Eleventh day of October, 
A. D. 1877. 

F. W. Craig, 

County Clerk, Kern County, Cal. 


SEAL 



Affidavit of Richard J. Ashe. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Richard J. Ashe being of lawful age and first duly sworn deposes and 
says, that he is a citizen of the United States and a resident of the County 
of Kern and State of California; that he is by occupation a farmer; that 
he is acquainted with the lands designated in the accompanying map 
(by him signed) of a part of Kern County, State of California; that he is 
more particularly acquainted with the lands lying north of Kern River as 
far as the town of Delano; that he has become acquainted with it by 





1 


DESERT LANDS. 


having passed over it and made an examination of the same ; that his 
knowledge of said land is such as to enable him to testify understand¬ 
ing^ with regard thereto; that said land is very dry and arid ; that there 
is not sufficient rain-fall upon it to produce a crop; that it is desert land, 
and will not produce without irrigation any agricultural crop, and is in 
fact worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and there is not, to his knowledge, within the limits of said land any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land, to his knowledge, any placer, cinnabar, gravel, or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes within the knowledge of affiant; that no portion of said land 
is worked for minerals within the knowledge of affiant, awd that' ^.aid land 

* i, 

is essentialiy non-mineral land. ’' 

Affiant further states, that the only vegetation growing upon said lands 
is sage-brush, and the said lands are incapable of producing any valuable 
vegetation without artificial overflow or irrigation. 

That to render said lands of any agricultural value requires the expend¬ 
iture of a large amount of capital, and that the only means of rendering 
said lands of any material value for agricultural purposes would be by 
irrigation. 

That affiant has no interest in said lands, and has not made any appli¬ 
cation for lands under the Desert Land Act. 

R. J. Ashe. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. M. Atterbury. 


STATE OF CALIFORNIA, 

County of Kern. 

J. M. Atterbury, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof described in the 
declaration of Frank D. Morrell, which land is situate, lying and being in 





DESERT LANDS. 


5 


the County of Kern, State of California, and more particularly described 
as follows to wit: 

The North X, and the Southeast X °f Section 8, Township 28 South, 
of Range 25 East, Mount Diablo Base and Meridian ; that he has been 
upon said land, and is acquainted therewith ; and that his knowledge of 
said land is such as to enable him to testify understanding^ with regard 
thereto; that said land is Very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop; 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation ; that said land is not timber 
land, and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen¬ 
tially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land, in that section of country, after reclamation 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County since 
the month of-, A. D. 18—. That the map annexed to this affi¬ 

davit marked “ Exhibit A,” and signed with the name of this deponent, is 
substantially correct. Deponent is familiar with the general characteris¬ 
tics and agricultural capabilities of the lands described in said map. This 
whole region is a barren, dusty, arid plain, which will produce no agricul¬ 
tural crops without a thorough system of irrigation, which can only be 
carried out and completed by a large expenditure of money. When 
these lands are irrigated they invariably produce valuable crops of almost 
every description, and without irrigation they only produce a short growth 
of hardy grass, which grows only in winter, and dries up in summer, and 
which is only good for grazing purposes during a few months in the year. 
The land mentioned in the application of Frank D. Morrell has never 
been cultivated, and is not subject to overflow, and needs no levee to pro¬ 
tect it from overflow. The effect of those irrigation ditches is to largely 



6 


DESERT LANDS. 


enhance the value of the lands so improved, for taxable purposes, and 
thus the whole county has been greatly benefited. 

John M. Atterbury. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 




Affidavit of John Barker. 


STATE OF CALIFORNIA, ) 

/ ss 

County of Kern. ) 

John Barker, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 

County of-, and State of California ; that he is by occupation a 

-; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of-, which land is situate, lying and 

being in the County of Kern, State of California, and more particularly 
described as follows, to-wit : 

Section 14, Township 28 South, of Range 24, East, Mount Diablo 
Base and Meridian ; that he has been upon said land, and is ac¬ 
quainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that 
there is not, to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land, to his knowledge, any placer, cement, gravel or other 
valuable mineral deposit ; that no portion of said land is claimed for 
mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern Coun¬ 
ty ; that none of said land, except the swamp land, will in an ordinary 







DESERT LANDS. 


7 


season produce an agricultural crop without irrigation ; that most of the 

land designated as swamp land in that section of country, after reclama- 
, • 
tion, requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said decla¬ 
ration of-, and the exterior bounds thereof, and the same is 

not subject to overflow, or is the same protected from overflow by levees, 
or in any artificial manner ; nor are there any settlers thereon, or is any 
part thereof cultivated. I have been a resident of Kern County and the 
territory embraced within its boundaries, twenty-seven years, and the 
major portion of that time have been in the stock growing business, and 
have given much attention to sheep growing, and have now, and have had 
for several years last past, from 5000 to 15,000 sheep, for which I have 
sought feed on the public lands, mostly within the County of Kern. I 
have examined the map appended, and believe the same correct (said 
map is marked with my name). That I know the lands indicated there¬ 
on without the boundaries of swamp and overflowed land, and their qual¬ 
ity and uniform general character. They are desert lands, dry and dusty, 
arid plains, for eight or ten months of every year. In their wild state they 
produce little or nothing, and that a scant growth of alfilerilla grass that 
springs up after the winter’s rainfall, but which dies and dries up by the 
first or middle of May of each year, leaving said lands a dusty plain until 
the next winter rain. I have known frequent attempts made to cultivate 

a portion of said-at various times during the last twenty years, 

and in every instance where the natural rainfall was depended on to raise 
a crop failure has followed. I know of scores of cases of bankruptcy 
and ruin caused by attempts at farming said lands, or attempts to farm 
said lands without irrigation by artificial means. Said lands can never be 
utilized for any purpose to the farmer unless they be reclaimed by irriga¬ 
tion ; and agricultural crops cannot be successfully grown unless said 
crops are irrigated by artificial means from seeding until harvest. I know 
the means for reclaiming said lands are not within the homestead or pre¬ 
emption settler, as the same requires large expenditures in building dams, 
canals, and ditches, and the cost of such when large enough for such 
purposes, is very great. 

John Barker. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 




8 


DESERT LANDS. 


Affidavit of John Beard. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

John Beard being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Henry L. Tevis, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

The North ]/ 2 of Section 4, Township 26 South, of Range 27 
East, Mount Diablo Base and Meridian; that he has been upon 
said land, and is acquainted therewith; and that his knowledge 
of said land is such as to enable him to testify understanding- 
ly with regard thereto; that said land is very dry and arid; that 
there is not sufficient rainfall upon it at any season of the year 
to produce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge, within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said land 
is worked for minerals during any part of the year, by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says, said North X of Section 4, Township 29 South, of 
Range 27 East, is not settled upon by any person; no part thereof has ever 
been cultivated, nor is the same subject to overflow or protected from over¬ 
flow by dams, ditches or dikes, or in any manner; that affiant has been a 
resident of Kern County for four years and he knows the lands laid down 



DESERT LANDS. 


9 


on the map hereto attached marked with his name ; that the whole thereof 
outside of the boundaries marking the swamp and overflowed, are desert 
lands, dry, dusty and arid for ten months in every year ; that I have known 
said lands for twelve years, frequently been on and over them; that their 
only production is a scanty herbage of alfilerilla grass that dries up and 
dies early in May of every year, and is of but little value; that none of 
said lands will produce an agricultural crop without irrigation, and in 
twelve years I have never known a crop to succeed or be grown without 
irrigation on any of said lands, and know from experience and observa¬ 
tion that none of said lands will produce any kind of a crop without irri¬ 
gation ; that said lands are valueless without reclamation by irrigation : 
that by irrigation and cultivation by irrigation, from planting till harvest, 
abundant crops can be i*aised on said lands, and by such reclamation they 
become very valuable; that he knows the section of country and particu¬ 
lar lands reclaimed by the system of irrigation indicated by the ditches 
and canals indicated on said map, and the same before said reclamation 
were desert, and now are very valuable, producing large crops of various 
kinds wherever there is water for continued irrigation. 

John Beard. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Charles Bennett. 


STATE OF CALIFORNIA, 

County of Kern. 

Charles Bennett, being of lawful age and first duly sworn, says that he 
is an intended citizen of the United States, and has resided in said county 
for about three years ; that he is acquainted with the character of the 
lands lying on the north side of Kern River, for several miles on both 
sides of the railroad as far as Posa Creek ; that all of said land is dry and 
desert land; that it will not produce any agricultural crop without irri¬ 
gation. 

Affiant further states that, so far as his knowledge extends, none of 
said land contains any valuable mineral deposits of any kind ; that it is 
not worked by any person or persons for minerals, and that it is not tim¬ 
ber land ; that since his residence here no such rainfall has occurred as 
would produce an agricultural crop. 





IO 


DESERT LANDS. 


That no person or persons, resident or non-resident, save near the rivei 
bank, has cultivated the said land, and that it does not require levees to 
protect it from overflow: and that he has no interest in any application 
to locate Desert Lands. 


Charles Bennett. 


Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 


davit on page i. 


Affidavit of L. D. Bizzell. 


STATE OF CALIFORNIA, 

County of Kern. 

L. D. Bizzell being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a farmer; that 
he knows the land, and each legal sudivision thereof, described in 
the declarations of Theo. F. Jerome, and Jas. W. S. Kelley, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit: 

The East X of Southwest % of Section 8 ; and also the West 
y 2 of the Southwest X of Seetion 4, Township 31 South, of Range 
26 East, Mount Diablo Base and Meridian; that he has been up¬ 
on said land, and is acquainted therewith; and that his knowledge 
of said land is such as to enable him to testify understanding^ with 
regard thereto; that said land is very dry and arid; that there 
is not sufficient rainfall upon it at any season of the year to pro¬ 
duce a crop; that it is desert land, and will not produce without irri¬ 
gation any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal; that there is not within the limits of said land, to his knowledge 
any placer, cement, gravel or other valuable mineral deposit; that no por¬ 
tion of said land is claimed for mining purposes under the local customs 
or rules of miners or otherwise; that no portion of said land is worked 
for minerals during any part ©f the year by any person or persons; that 
said land is essentially non-mineral land. 






DESERT LANDS. 


ii 


Affiant further says, that he is acquainted with most of the land in that 
portion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says, that said land, first herein described, has not been 
cultivated by any person or persons, resident or non-resident, and that it 
does not require levees to protect it from overflow. 

Affiant further states, that from his knowledge and observations of the 
last named lands, all that he saw are dry and desert lands, unfit to cultivate 
for agricultural purposes in their natural and primitive state ; that they are 
of no agricultural value without irrigation; that the rainfall in this region 
of country is insufficient to produce any agricultural crop, and that the ex¬ 
pense and cost of canals and ditches to get water from Kern Rriver (the 
only available source of supply) on any considerable quantity of said land 
is beyond the ability of men of moderate means, such men as usually 
settle on pre-emptions and homesteads; that all of said lands as men¬ 
tioned above have and are of the same character and description as to 
minerals, etc., as the land first spoken of and described herein. 

Affiant further states that he has lived in said county seven years, and 
for the last three years on his own land, being the East l /z of the South¬ 
west of Section 12, Township 30 South, of Range 26 East, and has cul¬ 
tivated the same for that period; that he has always made good crops of 
grain on his said land; that he has always had ample water to irrigate his 
said land until this season, when his supply of water was scant and in¬ 
sufficient, and that his crops have failed to the extent of the failure to 
irrigate fully as heretofore. 

Affiant further states that all said land hereinbefore set forth is of good 
qualitv, and although worthless in its natural condition, when irrigated 
will be very fertile and productive. 

Affiant further states that a very large and expensive system of irriga¬ 
tion was commenced by Messrs. Haggin & Carr on Kern Island and other 
lands near it about four years since, in which they were joined by nearly all 
the surrounding settlers ; that several of said canals are now completed for 
many miles from Kern River, at a large outlay of money and labor, which 
has resulted in a large advance of the price of all the lands, watered by 
the said canals and ditches, quite if not more than doubling their value, 
and increasing the tax lists, and being of general benefit to the county. 

Affiant states that he has drawn lines in red ink around the lands first 
herein described to designate the same more particularly; that he be- 


12 


DESERT LANDS. 


lieves the said map to be correct in its delineations of the said lands, 
canals and ditches, and that he has signed his name thereto. 

Affiant further states that he is not interested directly or indirectly in 
any application for the location of “Desert Lands.” 

L. D. Bizzell. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Thomas W. Barnes. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Thomas W. Barnes, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County and State aforesaid; that until very recently he has resided on 
Section 26, Township 30 South, of Range 26 [East, for eight years or more. 
Affiant states that he is well acquainted with the character of said land, 
having cultivated the same; that he is well acquainted with all the sur¬ 
rounding land on Kern Island, and across Kern River on the north side 
thereof to the line of the railroad and westwardly to the swamp lands on 
Buena Vista Slough ; that all of said lands are dry, arid and unproductive 
for farming purposes in their natural state; that during said past eight 
years the rainfall in said section of country has not been sufficient to pro¬ 
duce an agricultural crop; that said lands will not produce agricultural 
crops without full and free irrigation, and that any system of irrigation 
that will irrigate any considerable quantity of said land off the immediate 
banks of Kern River is very expensive and beyond the means of any per¬ 
sons except large capitalists. 

Affiant further states that the quality of said land is very fine, and 
when fully and freely irrigated by such system of canals and ditches con¬ 
structed through said lands, it will convert a desolate and desert plain, 
useless to the hardy pioneer and farmer in its dry condition, into a fertile 
and productive country, capable of supporting and employing hundreds 
of persons. 

Affiant further states that on several portions of the said lands, capi¬ 
talists with sufficient means have already constructed large canals and 
ditches at a heavy outlay of money, furnishing ready employment to a 
large number of men laboring for a support, and which has rendered all 




DESERT LANDS. 




lands adjacent to such canals and ditches productive and remunerating to 
the owners. 

Affiant further states that he is not interested in any way in any appli¬ 
cation for the location of Desert Lands. T. W. Barnes. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Oliver Booth. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Oliver Booth, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United .States, and a resident of the County 
of Kern and State of California ; that he is by occupation a stage-man ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Frank X. Cicott, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to wit : 

The Northwest X> and Southeast X> and the West X and the South* 
east X °f Northeast X of Section 20, Township 28 South, of Range 26 
East, Mount Diablo Base and Meridian; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understanding^ with regard thereto; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min¬ 
eral deposit; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none ol said land, except the swamp land, will in an ordinary season 




14 


DESERT LANDS. 


produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land, in that section of country, after reclamation 
requires irrigation to produce a crop. 

Affiant further says he knows the land covered by the said declaration 
of Frank X. Cicott, and the exterior boundaries thereof, and that there is 
no settler thereon, and no part of the same has been cultivated, and same 
is not subject to overflow, or is the same protected from overflow by levees 
or by any artificial means ; that he has examined the map appended 
marked with his name, and the same is correct ; that all the lands north 
of Kern River thereon are dry, dusty, desert arid plains for eight or ten 
months per year ; worthless for agricultural purposes unless reclaimed by 
irrigation, and nothing will grow thereon without irrigation from seeding 
till harvest. 

I have no interest in any land covered or claimed by location under the 
Desert Land Act. 

O. Booth. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of William R. Bower. 

v* 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


William R. Bower, being first duly sworn, deposes and says that he has 
resided in the County of Kern nearly ever since its organization in the 
year 1866, and that he resided upon the land comprising a portion of said 
county before the organization thereof. Deponent was Sheriff of said 
county in the years 1874 and 1875, and that he was elected Sheriff of said 
county at the last general election; deponent is a citizen of the United 
States. 

Deponent further says that the map attached hereto, marked “Exhibit 
A,” and signed with his name is substantially correct. 

That he is familiar with the greater portion of said lands, and that at 
various times he has traveled over the lands designated upon said map, 
and knows the quality and general characteristics of said land. 

The land lying along the banks of the streams, and some portion of the 
land elsewhere, produces during the wet season a species of hardy grass, 
fit only for grazing. 




DESERT LANDS. 


15 


The grasses soon dry up and wither under the summer’s sun; along 
said water courses there is some willow and cottonwood timber of no 
commercial value. 

This whole region is a vast dry and arid plain, utterly worthless for 
agricultural purposes without irrigation, the greasewood and sage-brush 
with which a portion of it is covered being of no value whatever for any 
purpose. Deponent has had opportunities for observing the effects of 
irrigating this land where irrigation ditches have been built and sufficient 
water put upon said lands, and he has noted the effects of such irrigation 
and states that it is beneficial in the highest degree. These lands when 
thoroughly saturated produce abundant harvests of almost any crops with 
which they are sowed. 

The effect of the system of irrigation perfected in portions of said 
county, as shown by the irrigation ditches delineated on said map, has 
been to greatly enhance the value of the lands so improved. 

Deponent further states that the taxable value of the lands improved 
by irrigation has been more than doubled by that means. 

W. R. Bower. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of H. W. Bloodworth. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

H. W. Bloodworth, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California ; that he is by occupation a con¬ 
stable ; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declaration of Howard Morton and Edward F. Raun, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to wit: 

The South ]/ 2 of Northwest % Section 30, Township 28 South, of Range 
25 East (by Morton), and the South ^ of Section 30, Township 29 
South of Range 27 East (by Raun), Mount Diablo Base and Me¬ 
ridian ; that he has been upon said land, and is acquainted there¬ 
with, and that his knowledge of said land is such as to enable 




i6 


DESERT LANDS. 


him to testify understanding^ with regard thereto; that said land 
is very dry and arid; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designatad as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the declaration 
of the said Howard Morton and Edward R. Raun, and knows the exterior 
boundaries thereof; that there are no settlers thereon, and no part thereof 
has been cultivated, and the same is not subject to overflow, or is the 
same prevented from overflow by levees, dikes, ditches, or dams, or by 
any artificial means. That I have been a resident of Kern County for 
five years last past ; have examined the map hereto appended marked 
with my name, and the same is substantially correct. That all the said 
lands without the boundary lines of the swamp land indicated on said 
map are desert lands ; that I have been over and on said land at every 
season of the year ; by reason of my occupation I arti traveling most all 
the time. I know by examination and personal knowledge that said 
lands are of uniform general character. They are dry, dusty desert 
plains for eight or ten months of the year ; they are valueless in their 
natural state—producing little or nothing of value to man. That they 
will produce no agricultural crop without irrigation, and are of no value 
without reclamation by irrigation, and no crops can be raised thereon 
without irrigation from sowing till harvest. I know the lands reclaimed 
by the system of canals and ditches indicated on said map, and they were 
valueless until reclaimed by irrigation, and they now are valuable, pro¬ 
ducing large crops. 


DESERT LANDS, 


17 


That the reclamation requires large investments of moneys or asso¬ 
ciated labor. 

H. W. Bludworth. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of J. S. Brittain. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. S. Brittain being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a journalist; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of Louis T. Haggin, and Francis R. Morton, which land 
is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to-wit: 

The West l / 2i and the Northeast % of Section 14, in Township 
29 South, of Range 26 East, Mount Diablo Base and Meridian; 
that he has been upon said land, and is acquainted therewith; 
and that his knowledge of said land is such as to enable him 
to testify understandingly with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any season 
of the year to produce a crop; that it is desert land, and will not produce 
without irrigation any agricultural crop, and is, in fact, worthless for all 
agricultural purposes, and cannot be made of any agricultural value with¬ 
out irrigation; that said land is not timber land, and that there is not to 
his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper, 
or any deposit of coal; that there is not within the limits of said land to 
his knowledge any placer, cement, gravel or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin and Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 




i8 


DESERT LANDS. 


designated as swamp land in That section of countiy, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of the County of Kern, 
State of California, for more than five years; that he has examined the 
map hereto annexed and signed with his name; that he believes said 
map to be substantially correct; that he is well acquainted with all, or 
the major portion, of the land in said Map described and platted; that 
all of said land (save those within the lines marked as segregated 
swamp land) are of a generally uniform character; that said lands are 
desert lands; that is, they in their natural state produce little or no vege¬ 
tation, and the only vegetation they produce is a sparse growth of weeds 
and alfilerilla grass, that seldom attains the hight of more than two inches, 
and which springs up after the winter rains, and which dies or dries up 
early in May of every year, leaving said lands a dry arid plain; that none 
of said lands will produce any kind of an agricultural crop without irriga¬ 
tion ; that the annual rainfall is generally insufficient to more than wet 
said lands to the depth of two or three inches, and never is there a suffi¬ 
cient rainfall to prepare said lands for an agricultural crop ; that said lands 
are, in truth and in fact, desert lands, unfit for any agricultural purposes 
without abundant irrigation by artificial means; but that with irrigation 
said lands will produce abundantly almost any and every kind of agricul¬ 
tural crop. 

That affiant is acquainted with the lands in vincinity of the various 
ditches and canals as marked and laid down upon said map, and was ac¬ 
quainted with the major portion thereof before their reclamation; that they 
were valueless, but that by irrigation have become very valuable; that all of 
said lands are of little or no value unless reclaimed by irrigation; that by 
reason of my occupation as journalist, I have had frequent occasion to 
visit, travel over and examine said lands. J. S. Brittain. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. L. Briggs. 


STATE OF CALIFORNIA, } 

> ss. 

County of Kern. ) 

J. L. Briggs being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a stock raiser; 
that he knows the land, and each legal subdivision thereof, described in 





DESERT LANDS. 


J 9 


the declaration of T. B. Shannon, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to-wit : 

All of Section 22, Township 27 South, of Range 25 East, Mount 
Diablo Base and Meridian; that he has been upon said land, 
and is acquainted therewith; and that his knowledge of said land 
is such as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is, 
in fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation; that said land is not timber land, 
and that there is not to his knowledge within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; that 
none of said land, except the swamp land, will in an ordinary season pro¬ 
duce an agricultural crop without irrigation; that most of the land desig¬ 
nated as swamp land in that section of country, after reclamation, requires 
irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County for 
about fifteen years ; that the map attached hereto signed with the affiant’s 
signature; and marked “Exhibit A,” is substantially correct. 

Affiant further states that during his residence in said county, his busi¬ 
ness repeatedly called him over every portion of the lands described on 
said map, and that he is thoroughly familiar with the whole country; it is 
a dry, dusty, arid plain, almost devoid of vegetation, and in its primitive 
state utterly worthless for agricultural purposes. Some portions of this 
country, during the wet season, produce a short heavy grass, of no value 
except for grazing, and this grass dries up and dies out after the cessation 
of the rains, which in this section are excessively meagre, and never suffi¬ 
cient to produce an agricultural crop upon these lands. These lands are 
essentially desert lands, and none of them will produce an agricultural 
crop without a perfected and expensive system of irrigation, such as has 
been carried out in some portions of this county. With irrigation sufifl- 


20 


DESERT LANDS. 


cient to saturate the lands with water, they produce very fine crops 
of almost any description. This deponent is familiar with the sys¬ 
tem of irrigation carried out upon some of the lands in said county, 
and its effect has been very beneficial. Without irrigation these lands are 
worthless, and with it they are exceedingly productive and valuable; for 
taxable purposes these lands have been greatly increased in value, and 
the benefit produced by irrigation is very great. 

Deponent further states that he has no interest, direct or indirect, in 
any application under the act known as the “Desert Land Act;” no por¬ 
tion of the land applied for as above has ever been cultivated, and none 
of it requires levees for protection from overflow. 

Thos. L. Briggs. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of William H. Broad. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


Wm. H. Broad, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Eugene L. Sullivan, also J. C. Sargent, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit: 

The East X> and the South X of the Southwest X> of Section 26, 
Township 28 South, of Range 25 East (Sullivan), South X> and South X 
and the Northeast X °f the Northwest X of Section 6, Township 29 
South, of Range 26 East (Sargent), Mount Diablo Base and Merid¬ 
ian ; that he has been upon said land, and is acquainted therewith; 
and that his knowledge of said land is such as to enable him to testify 
understandingly with regard thereto ; that said land is very dry and arid; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead tin or copper, or any deposit of coal; that 




DESERT LANDS. 


21 


there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant says that he knows the aforesaid land declared on by Eugene L. 
Sullivan, also J. C. Sargent; that he knows the boundaries thereof; that 
there are no settlers thereon and no part thereof has been cultivated and 
the same is not subject to overflow, or is the same protected from overflow 
by dikes, drains or levees, or in any artificial manner; that he has examined 
the map marked with his name and the same is correct ; that all the 
lands outside of the boundaries of the swamp lands thereon are desert, 
will produce no kind of agricultural crop without irrigation, and said 
lands are valueless for farms without reclamation by irrigation during cul¬ 
tivation. W. H. Broad. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of W. H. Brook. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

W. H. Brook, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer and 
printer; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of W. W. Blow, which land is situate, lying and 
being in the County of Kern, State of California, and more particularly 
described as follows, to-wit: 

The South and the Northwest X of Section io, Township 28 
South,' of Range 24 East, Mount Diablo Base and Meridian ; that he has 
been upon said land, and is acquainted therewith; and that his 




22 


DESERT LANDS. 


knowledge of said land is such as to enable him to testify understand- 
ingly with regard thereto; that said land is very dry and arid ; that there 
is not sufficient rainfall upon it at any season of the year to produce a 
crop; that it is desert land, and will not produce without irrigation any 
agricultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit ; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said decla¬ 
ration of W. H. Blow and the exterior boundaries thereof, and that there 
are no settlers thereon, and no part thereof has been cultivated, and the 
same is not subject to overflow or protected from overflow by dikes, 
ditches, levees or any artificial means ; that he has examined the map 
appended marked with his name, and he believes the same to be sub¬ 
stantially correct; that he knows the land embraced therein, and that 
without the boundaries laid down as swamp and overflowed it is 
desert land, producing but little in its wild state, and a dry, dusty plain 
for eight or ten months of every year; that said land is useless for agricul¬ 
tural purposes unless reclaimed by irrigation by artificial means, but by 
such reclamation it can be made into valuable farms, producing abund¬ 
antly ; but such reclamation will require large expenditures of money. 

I have tried the experiment of farming on Section 20, Township 29 
South, of Range 28 East, but have utterly failed, not having water for irri¬ 
gation. I am in no manner interested in any lands claimed under the 
Desert Land Act. W. H. Brook. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


23 


Affidavit of B. Brundage. 


STATE OF CALIFORNIA, ) 

> ss. 

County of San Francisco. ) 

B. Brundage, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation an Attorney at 
Law ; that he knows the land, and each legal subdivision thereof, described 
in the declaration of Anson Cross, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to wit : 

Section 12 of Township 30 South, of Range 28 East, Mount Di¬ 
ablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith, and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto ; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is, in fact, 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for eleven years 
now last past. That during that time he has been engaged in the prac¬ 
tice of the law, and his professional business has made it necessary for 
him to travel over said county and to become familiar with the land and 
rainfall therein. That he is specially familiar with Kern Valley in said 



24 


DESERT LANDS. 


county, commonly known as Tulare Valley, being the southern end of 
the great valley of California. That there is no land in said valley in 
Kern County that will produce an agricultural crop without irrigation, 
with the exception of such low places as are affected by the seepage from 
Kern River or sloughs and irrigating ditches into which the waters of 
said river have been diverted. That the amount of land thus affected by 
the seepage is very limited, and of little practical importance compared 
with the great body of the valley. That the lands moistened by natural 
seepage from the river have been appropriated and occupied for a long 
time. That the land irrigated by the seepage from ditches and sloughs 
into which the water has been diverted is in fact irrigated land, and would 
not produce a crop in its natural condition. That the swamp land of said 
county after the water is drained off requires irrigation to produce a crop, 
subject of course to the exception above stated where the same is so situ¬ 
ated as to be affected by seepage. 

That there is not an acre of land on the south side of Kern River east 
of the swamp lands in said valley which will produce any agricultural 
crop without irrigation. That all of said valley below the foothills is 
destitute of timber, and during eight months of the year destitute of any 
kind of vegetation except scattering patches of sage-brush, cactus, and 
salt or alkali grass. That during the winter season a kind of wild grass 
springs up, which furnishes feed for sheep; but in the spring, as soon as 
hot weather commences, such grass is dried up and destroyed by the heat 
of the sun. 

That he is also familiar with that portion of said valley known as Kern 
Island. That he has resided thereon for five years now last past. That 
all of said land bounded on the north by Kern River, and on the east, 
south and west by land designated as swamp land, which body of land is 
known as Kern Island, is desert land, that is to say, none of said land 
will produce an agricultural crop without irrigation, except small patches 
of it affected by seepage. That in order to reclaim Kern Island, together 
with portions of the adjacent swamp land from which the water has been 
drained, a system of irrigation has been inaugurated by divers persons by 
means of ditches and canals from Kern River. That the expenditures for 
irrigating this land have not been less than two hundred and fifty thou¬ 
sand dollars, and not more than one fourth of the body of land above de¬ 
scribed has yet been irrigated or brought under cultivation. 

Affiant further says that he is the owner of Section 29, and the North 
% of Section 28, and the Southwest }( of Section 21, Township 30 
South, of Range 28 East, the same being a portion of the swamp land listed 
to the State of California under the Swamp Land Act of 1850; and that 
he is familiar with the swamp land in said township, and also in Town- 


DESERT LANDS. 


25 


ship 31 South, of Range 28 East, all of which appears on the map hereto 
annexed marked “ Exhibit A,” with the initials “ B. B.” That said 
swamp land, and particularly the land owned by this affiant, as above 
mentioned, will not produce a crop without irrigation ; in fact, Section 29 
is destitute of all vegetation, except about ten acres, which has scattering 
bunches of wire grass on it, and a few cottonwood trees ; and that the 
same is dry and arid land. 

Affiant further says that he is acquainted with the lands north of Kern 
River and east of the swamp lands bordering on Buena Vista Slough and 
Tulare Lake in Kern County in said valley. That all of said land is des¬ 
ert and incapable of producing a crop of any kind without irrigation, sub¬ 
ject to exceptions with regard to seepage hereinbefore stated. That he 
is particularly familiar with the lands along the Jine of the Calloway Ca¬ 
nal, as marked on the annexed map, between Kern River and Posa Creek. 
That said lands during eight months of the year are dry and arid. That 
said land is utterly incapable of producing any kind of an agricultural 
crop at any time without irrigation. That like all other parts of the val¬ 
ley during the rainy season, a kind of wild grass springs up, which fur¬ 
nishes for a short time feed for sheep, but disappears as soon as hot 
weather commences. 

That these lands have been surveyed and in the market for more than 
twenty years, and have remained unoccupied, except small portions of 
them bordering on Kern River, for want of irrigation. 

That some years ago a man by the name of Calloway undertook to 
construct a canal from Kern River to irrigate this body of land, but after 
making the surveys and expending considerable money and time in the 
enterprise he was unable to proceed, for want of funds. That this work 
has been resumed by Messrs. Haggin & Carr and others, and is being 
prosecuted with great vigor, and is constructed for a distance of seven or 
eight miles from Kern River, and the work is progressing at the rate of 
about a mile a month. That the said Haggin & Carr purchased a por¬ 
tion of the odd sections which were so situated as to be irrigated from 
said proposed canal. Others have located a portion of the even sections 
under the Desert Land Law of the United States, and affiant is informed 
that the work is being prosecuted by Haggin & Carr and the various 
claimants under the Desert Land Law. That the result of this enter¬ 
prise, if the canal is completed, will be to bring under cultivation a large 
body of exceedingly fertile land which is now and has been hitherto a for¬ 
bidding desert, and make it one of the most productive portions of the 
State. That the rainfall in the valley of the Kern is less -than in any 
other part of the State west of the Sierra Nevada mountains. That this 
section of the valley is so situated between high ranges of mountains on 


26 


DESERT LANDS. 


the sides and at the south end that the rain-clouds are excluded to such 
an extent that the rainfall is exceedingly light and is never sufficient for 
agricultural purposes. That this section of the country would be wholly 
worthless for agricultural purposes without Kern River. That said river 
is an excellent stream for the purposes of irrigation. That its sources are 
high up in the Sierra Nevada Mountains, where the snows fall to a very 
great depth and remain until late in the season. That the waters of said 
river are usually highest late in the spring and early in the summer, and 
this is the period when irrigation is most required for agricultural pur¬ 
poses. That by a proper system and economical management of the wa¬ 
ters of Kern River, a vast section of country, probably as much as four or 
five hundred thousand acres of excellent land, can ultimately be made 
available, which has hitherto been unoccupied because it was incapable 
of producing a crop without irrigation. That this land is situated in the 
southern part of the central portion of the State, where agricultural land 
is in great demand for actual settlement, but has remained unoccupied 
because it could not be cultivated without irrigation. That to irrigate 
said land to any considerable extent requires large expenditures of money 
and the combined effort of the land owners. That hitherto it has been 
impossible to obtain capital with which to prosecute the work of irri¬ 
gation, for the reason that there was no law under which the land could 
be purchased, the homestead and pre-emption laws being to a great ex¬ 
tent inapplicable. Occupation and settlement being extremely difficult 
upon desert lands prior to irrigation, these requirements of the law have 
excluded most of these lands from appropriation. But under the Desert 
Land Law which permits persons to purchase the land and irrigate it before 
they are required to settle upon it, a new impulse has been given to the 
development of this section of the country, which in a few years, if no 
adverse action is taken, will change a desert into the most fruitful portion of 
the country. The land in this portion ot the valley is alluvial and exceed¬ 
ingly fertile. The climate in winter is delightful, in summer it is very 
warm, the thermometer ranging at times as high as no degrees in the 
shade, and the evaporation exceedingly great. The great heat and 
evaporation make a supply of water a prime necessity, but at the same 
time are not prejudicial to the production of large crops. With proper 
cultivation and irrigation this land will produce equal to any other in the 
United States, and perhaps more than in any other locality that can be 
found. Alfalfa, corn, wheat, all classes of small grain and many kinds of 
tropical fruits flourish luxuriantly. Two crops of grain can be raised in 
each year, and four or five crops of alfalfa hay can be cut on the same 
ground in one season. But these results can only be attained by irriga¬ 
tion, and the expense of irrigation is so great that individuals owning 


DESERT LANDS. 


2 7 


small portions of the land cannot afford to construct ditches to convey 
water to the same. Irrigation must be accomplished, if accomplished at 
all, by united effort. 

After twenty-five years of delay Congress has passed a law under 
which this country can be reclaimed, and the development and prosperity 
of this section of the country depend upon the continuance of that law 
in force. B. Brundage. 


STATE OF CALIFORNIA, ) 

> ss. 

County of San Francisco. ) 

I, Thomas H. Reynolds, County Clerk and ex-officio Clerk of the 
Twelfth District Court, it being a Court of Record and having a seal, do 
hereby certify that the foregoing affidavit was subscribed and sworn to 
before me by B. Brundage, on this 13th day of October, A. D. 1877 ; and 
I do further certify that said affidavit was read to the said B. Brundage 
previous to his name being subscribed thereto ; and that deponent is a 
respectable person, to whose affidavit full faith and credit should be 
given. 

In witness whereof, I have hereunto subscribed my name and 
\ SEAL > affixed the seal of said Court this 13th day of October, A. 

D. 1877. Thos. H. Reynolds. 

County Clerk and Ex-officio Clerk of Twelfth District Court. 


Affidavit of William Calderbank. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

William Calderbank, being first duly sworn, deposes and says that he 
has been a resident of Kern County off and on for four years; that he is 
of lawful age, and that he is familiar with the section of country described 
on the map annexed hereto marked with his name as “ Exhibit A ; ” and 
that the said map is substantially correct. 

Deponent further states that during his residence in said county he has 
been engaged in the business of well-boring on said lands. About three 
years since deponent was engaged in boring a well on a piece of land im¬ 
mediately east of the railroad, and about five miles south of Delano, as 
marked on said map; that deponent was compelled to bore 100 feet and 
pipe 100 feet before striking’water; that the whole section of country 
marked on said map is a vast arid desert, unfit for cultivation without 





28 


DESERT LANDS. 


irrigation, and without the land is thoroughly saturated with water it pro¬ 
duces no sort of agricultural crops. In its natural state this land pro¬ 
duces no sort of vegetation except worthless sage-brush and a species 
of hardy, short grass, which only grows in the wet season and dies 
out in the summer time. This grass is only fit for grazing during certain 
seasons of the year, and is not fit for hay. 

The rainfall for the season is very meagre, and never sufficient to pro¬ 
duce any agricultural crop. With a thorough, practical and expensive 
system of irrigation these lands produce very abundantly, and when prop¬ 
erly watered and cultivated never fail to produce crops of’almost every 
description. None of these lands have been cultivated, and none of 
them are subject to overflow, or require levees to protect them from over¬ 
flow. Wm. Calderbank. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of James Campbell. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

lames Campbell being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County and State aforesaid; that he has resided in said county for four 
years past; that he has pre-empted the Northeast X °f Section 4, Town¬ 
ship 30 South, of Range 28 East, lying in said county ; that he has not cul¬ 
tivated the said pre-emption as yet, for the reason that he has not, up to 
this date, been able to procure water to irrigate the same, and knows that 
he cannot raise any agricultural crop on said land that will remunerate 
him for his labor and expense until it is irrigated; that he has annexed a 
map of a portion of said county to this affidavit, signed with his name; 
that he has a personal knowledge of the character of a large portion of 
said lands; that it is dry and arid; that all that portion lying north of 
Kern River and west of the foothills and railroad to the boundaries of the 
swamp land, and out as far as Posa Creek, is of the most desolate, forbid¬ 
ding aspect, totally unfit for cultivation, and of no agricultural value in its 
primitive condition; that an ample system of irrigation at a large outlay 
of money and labor, beyond the means of the average settler on public 
lands, is the only means by which said lands can be made to produce 
agricultural crops of any kind. 




DESERT LANDS. 


29 


Affiant further states that he is acquainted with much of the land laid 
down on said map, south of said river, and known as Kern Island, and 
where most of the settlements have been made, and that he does not 
know of any of said lands producing agricultural crops without being 
irrigated. 

Affiant further states that he has not seen sufficient rainfall in this re¬ 
gion of country since he has resided here to produce an agricultural crop 
without irrigation, and that he knows of no lands in said area being leveed 
to prevent overflow of the same, outside the segregated line of the swamp 
and overflowed lands, and does not believe there are any such levees con¬ 
structed or maintained. James Campbell. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Thomas A. Chapman. 


STATE OF CALIFORNIA, 

County of Kern. 

Thos. A. Chapman being of lawful age and first duly sworn, deposes 
and says he is a citizen of the United States, and a resident of the County 
of Kern, and State of California; that he is by occupation a farmer and 
canal builder; that he knows the land, and each legal subdivision thereof, 
described in the declaration of John K. Demdorff, which land is situate, and 
lying in the County of Kern, State of California, and more particularly 
described as follows, to-wit : 

South ]/z of Southeast Y, and the Northwest Y °f the South¬ 
east Section 24, Township 28 South, of Range 25 East, Mount Di¬ 
ablo Base and Meridian; that he has been upon said land, and is ac¬ 
quainted therewith; and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto; that said land 
is very dry and arid; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation; that said land is not timber land, and that there 
is not to his knowledge, within the limits of said land, any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min- 





3 ° 


DESERT LANDS. 


eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise that no portion 
of said land is worked for minerals during any part of the yetfr, by any 
person or persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he is well acquainted with the above described 
land covered by the declaration of John K. Demdorff, and knows the 
boundaries thereof; that there are no settlers thereon, and no part thereof 
has been cultivated ; that the same is not subject to overflow, and not pro¬ 
tected from overflow by levees, dikes, dams or ditches, or iu any artificial 
manner; that he has examined the map appended hereto, signed with his 
name, and the same is correct; that he has been a farmer and canal maker 
for irrigating purposes in Kern County for two years last past; that by rea¬ 
son of his calling, he has made said lands and their cultivation a special 
study; that all of said lands without the boundaries of the swamp and 
overflowed lands are desert, that is, throughout the farming season ; they, 
in their natural state, are dry, dusty, arid plains, valueless for agricultural 
purposes, and of very little value for pasturage, as their natural grasses 
are of such scant growth and uncertain in duration that no stock-growers 
can rely upon them for two months grazing in the year, and it takes a very 
large acreage to supply a small number of animals for that short period in 
the year; that none of such lands can be made into farms without reclama¬ 
tion by irrigation, and no crops can be grown thereon without irrigation 
from the planting to the harvesting of crops ; that I know the system of 
canals and ditches marked and laid down on said map. The same were 
built for reclamation purposes by irrigation, and wherever said ditches 
have been carried, and irrigation has been followed, the result has been 
to make valueless lands into abundantly producing and valuable farms; 
that large capital, or the associated labor of colonies, will be required to 
reclaim said lands. Thos. A. Chapman. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


DESERT LANDS. 


3 1 


Affidavit of T. H. Clendenen. 

STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

T. H. Clendenen being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
and State aforesaid; that he is a farmer, and has resided in said county 
about six years; that in 1872 he took up 160 acres of Section 20, Town¬ 
ship 30 South, of Range 27 East; that he sowed on said land a crop of 
wheat and barley, but for want of irrigation the said crops failed entirely, 
the rain that fell on said land being insufficient to make the said crops. 
Finding that the expense, labor and difficulty of bringing water on 
said land, to enable him to produce an agricultural crop thereon, 
was greater than he could encounter or afford, he disposed of said land 
and purchased the Southwest X of Section 29, Township 30 South, of 
Range 27 East, through which Section the Stone Ditch runs, where affi¬ 
ant could have the privilege and benefit of irrigation; that he settled on 
said last named tract in 1876; that in the present season he has, by irri¬ 
gating said land, raised a crop of wheat, corn, barley, oats, alfalfa, Irish 
and sweet potatoes, and a fine garden. 

Affiant further states that without the benefit of the water flowing in said 
Stone Canal through the said land, he could not have succeeded in mak¬ 
ing the said crops, but only made a failure and loss as on the former tract, 

Affiant further states that he is acquainted with the character of all the 
lands for several miles around, where he now lives ; that the Stone, Bue¬ 
na Vista and James Canals, and other canals, run through said region of 
country; that without the moisture and irrigation obtained from the water 
flowing through the said canals and ditches, it would be impossible for 
the owners of the land to produce agricultural crops. 

Affiant further states that in consequence of the outlay of money in the 
construction of said canals and ditches, the value of said lands lying in 
reach of said canals has been doubled, and to that extent the taxable prop¬ 
erty has been increased, and been of benefit to the County and State. 

Affiant further states that he has no interest whatever in any applica¬ 
tion for the location of desert lands. 

T. H. Clendenen. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 



32 


DESERT LANDS. 


Affidavit of A. 0. Collins. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

A. O. Collins, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 

of Kern and State of California ; that he is by occupation a-; that 

he knows the land, and each legal subdivision thereof, described in the 
declarations of C. W. McAfee and Geo. W. Kidd, which land is situate, 
lying and being in the County of Kern, State of California, and more par¬ 
ticularly described as follows, to wit: 

The Northeast X> an< ^ the East % of Northwest X> and the South 
X of Southeast X> and Southeast X °f Southwest X °f Section 
24, Township 27 South, Range 24 East, Mount Diablo Base and 
Meridian ; that he has been upon said land, and is acquainted 
therewith, and that his knowledge of said land is such as to en¬ 
able him to testify understanding^ with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for the last four 
years. That he is acquainted with the lands marked on said map, which 
said map is signed with the name of this deponent, and marked “Exhibit 
A,” and is substantially correct. That he is acquainted with the general 
characteristics and agricultural capabilities of the lands described on 




DESERT LANDS. 


33 


said map. That it comprises a vast arid desert, which produces only a 
short, stunted grass, of no value save for grazing purposes, and that said 
grass grows only during the winter season, and that it withers and dries 
up during the long dry summer season. The rainfall of this section is 
exceedingly meager, and will mature no agricultural crops upon these 
lands without irrigation, and with a thorough system of irrigation these 
lands may be made exceedingly valuable and productive. 

The system of irrigation adopted in portions of Kern County has been 
of very general benefit, and has here added largely to the taxable property. 

The lands described in the application of C. W. McAfee and G. W. 
Kidd have never been cultivated, and are not subject to overflow, and 
they need no levees to protect them from overflow. 

A. O. Collins. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Alonzo Coons. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Alonzo Coons, being duly sworn, deposes and says that he is of lawful 
age, and a resident of the County of Kern for about five years, and is a 
citizen of the United States, and that he is acquainted with the lands 
designated on the map attached hereto, marked “ Exhibit A,” and signed 
with the name of this deponent; and affiant further says that the saidjnap 
is substantially correct. Deponent is a general stationer. The region of 
country delineated upon said map is well known to affiant, and he has 
traveled over this country at various times and in various directions. It 
is one vast plain, dry, arid and a perfect desert without irrigation. In its 
natural state it produces no vegetation whatever, except a stunted growth 
of hardy grass, which grows only during the rainy season and dies out in 
summer, and also a growth of sage-brush, which is of no value whatever 
for any purpose. The natural grass grown upon these lands is of no 
value whatever except for grazing, and the supply is exceedingly limited 
upon the best of these lands, even in favorable seasons. For agricultural 
purposes these lands in their natural state are entirely worthless, and 
without a perfect system of irrigation, which admits of the lands being 
thoroughly saturated with water during dry weather when it is needed, 
they will produce no sort of an agricultural crop. When these lands are 




34 


DESERT LANDS. 


thoroughly irrigated and properly farmed they produce abundant crops of 
almost any description, and are then extremely valuable. The effect of 
the system of irrigation carried out upon some of these lands, as deline¬ 
ated upon said map, has been in the highest degree valuable, in that it 
has converted a desert section into a highly productive and desirable 
farming region. 

The lands so improved have been greatly enhanced for taxable pur¬ 
poses, and the direct benefit to the county has been immense. 

Alonzo Coons. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of William H. Coons. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Win. H. Coons, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of T. B. McCauley, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

H'CAll of Section 8, Township 28 South, of Range 26 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said land 
is very dry and arid ; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is 
not to his knowledge, within the limits of said land, any vein or lode 
of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 




DESERT LANDS, 


35 


of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by said declaration 
of T. B. McCauley, and the exterior bounds thereof; that no part 
thereof has been cultivated, nor are there any settlers thereon, or is the 
same subject to overflow, or protected from overflow by levees, dikes or in 
any artificial manner ; that he has been a resident of the territory em¬ 
braced in Kern County since the year 1863, and was for eight years in the 
Sheriff’s office of said county; four years as Deputy Sheriff; and four 
years as Sheriff; that by reason of my occupation I have become 
thoroughly acquainted with the lands in said county. I have examined 
the map appended hereto marked with my name and believe the same is 
correct. 

I am specially acquainted with the lands designated thereon without the 
boundaries of the lands laid down as swamp and overflowed, and said 
lands, particularly those north and west of Kern River, are desert; they 
are of a general uniform character, dry, dusty, arid plains, producing little 
or nothing in their natural state of value for any purpose, and absolutely 
useless and valueless for agricultural purposes unless they be reclaimed 
from their desert character by copious irrigation, and I know them to be 
useless for agricultural purposes unless some system is devised by which 
irrigation can be followed in their cultivation. 

From experience and observation I know such lands will produce 
abundantly when artifical irrigation is followed in their cultivation. 

Said lands can never be utilized by Homestead or Pre-emption claim¬ 
ants in tracts of 160 acres, as large means will be required in con¬ 
structing canals for carrying water ; I have no interest in any lands claimed 
under the Desert Land Act. W. H. Coons. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


36 


DESERT LANDS. 


Affidavit of John S. Cox. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

John S. Cox, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the 
declaration of Lloyd Tevis, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

The East X> and the South X of the Northwest X of Section 
22, Township 26 South, of Range 25 East, Mount Diablo Base and 
Meridian ; that he has been upon said land, and is acquainted therewith; 
and that his knowledge of said land is such as to enable him to testify 
understanding^ with regard thereto ; that said land is very dry and arid ; 
that there is not sufficient rainfall upon it at any season of the year to pro¬ 
duce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit ; that no 
portion of said land is claimed for mining purposes under the local cus¬ 
toms or rules of miners or otherwise ; that no portion of said land is 
worked for minerals during any part of the year by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County for three 
and a half years, and for three years he has resided in Delano ; that the 
map annexed hereto marked “ Exhibit A,” and signed with this de¬ 
ponent’s name, is substantially correct ; that the section of country deline¬ 
ated on said map is a vast arid plain, which will produce no agricultural 

/ 



DESERT LANDS. 


37 


crops without irrigation ; some sections of this land produce, during the 
rainy season, a short, hardy growth of grass, which withers and dies out 
during the long, dry summer season. 

This grass is only fit for grazing purposes. The rainfall of this section 
is exceedingly meagre, and never sufficient to mature a crop. With irri¬ 
gation these lands produce abundantly, and are exceedingly valuable ; 
when the lands have been so improved they have been largely enhanced 
for taxable purposes. 1 he system of irrigation carried out in portions of 
said Kern County has been very costly. The lands described in applica¬ 
tion of Lloyd Tevis have never been cultivated, are not subject to over¬ 
flow, and require no levees'to protect them from overflow. 

John S. Cox. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of P. H. Coyle. 

STATE OF CALIFORNIA, 

County of Kern, 

P. H. Coyle being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of W. H. Brown, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The West y 2 of Section 10, Township 28 South of Range 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith ; that his knowledge of said land is 
such as to enable him to testify understanding^ with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or load of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is 
not within the limits of said land to his knowledge any placer, cement 





38 


DESERT LANDS. 


gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners, 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation 
requires irrigation to produce a crop, 

Affiant further says that he resides on Section 8, in said township and 
range, and has resided there for about one and one-half years, and has 
been engaged in cultivating said lands ; that practical experiments have 
demonstrated that no agricultural crop can be produced upon said lands 
without irrigation ; that the said lands embraced in said application have 
never been cultivated by any one ; that the said lands at no season of 
the year are subject to overflow, and do not have to be protected from 
overflow by levees or otherwise. 

That affiant has no interest, directly or indirectly, in said application # 

Affiant further says that he has examined the annexed map, and be¬ 
lieves the same to be substantially correct, and that all the lands desig¬ 
nated thereon, except the swamp lands, are of the same general charac¬ 
ter, and are almost worthless for agricultural purposes without irrigation. 

P. H. Coyle. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. C. Crocker. 


STATE OF CALIFORNIA, ) 

> SS* 

County of Kern, ) 

J. C. Crocker being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California; that he is by occupation a farmer 
and stock raiser; thathe knows the land and each legal subdivision thereof, 
described in the declaration of George Hearst; which land is situate, lying 
and being in the County of Kern, State of California, and more particu¬ 
larly described as follows, to-wit: 




DESERT LANDS. 


39 


All of section 14 Township 27 South, of Range 25 East, Mount 
Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard there¬ 
to; that said land is very dry and arid; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop; that it is 
desert land, and will not produce without irrigation any agricultural crop, 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, silver, 
.cinnabar, lead, tin or copper, or any deposit of coal; that there is not 
within the limits of said land to his knowledge any placer, cement, gravel 
or other valuable mineral deposit; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for ten years. 

Deponent further says that he is familiar with the lands marked on the 
map annexed hereto marked “ Exhibit A,” and signed with the name of 
this affiant; that the whole region of country laid on said map is a vast 
arid, desert plain of uniform character, and that none of said lands are 
susceptible of cultivation, nor will they produce any agricultural crop with¬ 
out a thorough and expensive system of irrigation. This land is necessa- 
rilv desert land. Some of it produces a short, hardy grass unfit for any 
purpose, save for grazing, and that this grass grows only in the winter 
season, and that it withers and dries during the summer season. The 
rainfall of this section is exceedingly meagre, and never sufficient to pro¬ 
duce any sort of agricultural crop. With a perfected system of irrigation 
which enables the cultivator to saturate the land with water these desert 
lands produce abundant crops, and when so improved they become ex¬ 
ceedingly valuble, and are fine lands for farming purposes, as the system 
of irrigation carried out in portions of said county enables the owners to 
produce a crop every year, irrespective of the character of the season, 
whether one of drouth or otherwise. The irrigation ditches marked on 


io 


DESERT LANDS. 


said map have been of immense benefit to the section so improved, and 
have largely enhanced the value of the lands for farming purposes, and for 
purposes of taxation, thus greatly aiding the development of the County, 
and assisting in its permanent development. 

This affiant states that the facts hereinbefore narrated from his own personal 
knowledge are derived from his long residence in this section, and he further 
states that he has no interest, direct or indirect, in any application for 
Desert Lands under the Act of Congress known as the Desert Land 
Act. No portion of these lands have ever been cultivated, and none of 
them are subject to overflow. 

J. C. Crocker. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 


Affidavit of O. P. Calloway. 


STATE OF CALIFORNIA, ) 

> SS. 

County of San Francisco, ) 

O. P. Calloway being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of San Francisco and State of California; that he is by occupation a 
civil engineer; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declaration of E. T. Raun, which land is situate, lying 
and being in the County of Kern, State of California, and more partic¬ 
ularly described as follows, to wit: 

The South X of Section 30, Township 29 South, of Range 27 
East, Mount Diablo Base and Meridian; that he has been upon 
said land, and is acquainted therewith; and that his knowledge 
of said land is such as to enable him to testify understanding- 
ly with regard thereto; that said land is very dry and arid; that 
there is not sufficient rainfall upon it at any season of the year 
to produce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation ; that said land is not timber land, and that there is not to his 
knowledge, within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 




DESERT LANDS. 


4i 


knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said land 
is worked for minerals during any part of the year, by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says the valley in said county, north of Kern River and 
east of the swamp lands bordering on Buena Vista Slough and Tulare 
Lake, consists of avast arid plain, comprising about twenty-seven Town¬ 
ships, aggregating over six hundred thousand acres of land; that affiant 
is familiar with said lands and every part thereof, having frequently been 
engaged in surveying portions of them; that upon this land there is no 
timber and no trees, except a few scattering cottonwoods and willows on 
Goose Lake Slough and Posa Creek, and scarcely any vegetation except 
here and there a slight growth of sage brush; that this body of land has 
been surveyed and in the market over twenty years, and is situated in the 
central part of California, where agricultural land that can be 
cultivated, is and has been during all that time, in great de¬ 
mand by actual settlers; that there are but few houses on all 
this great body of land, and these,except near the Kern River, 
where a small portion of land has been irrigated, are miserable 
shanties, ^generally vacant but occasionally occupied by sheep-herders. 
It is true that on portions of this land during the rainy season a species 
of wild grass springs up from two to three inches high, which furnishes 
for a time feed for sheep; but eight months in the year the whole of this 
region is a parched and barren desert, and is utterly worthless in its 
natural condition; that no person has or ever will attempt in good faith 
to settle upon or cultivate any portion of the same without irrigation, be¬ 
cause it is absolutely impossible so to do; that not an acre of this whole 
body of land will produce any kind of an agricultural crop in any year with¬ 
out irrigation; that affiant has surveyed and examined this land with a view 
of determining what could be done for its reclamation; that he found the 
soil exceedingly fertile when irrigated; that from its situation the only 
supply of water available for irrigating it is Kern River; that some years 
ago affiant projected a canal from Kern River which is designated on the 
map hereto attached as the Calloway Canal; that the survey of the same 
extended from twenty-five to thirty miles in a northerly direction from 


42 


DESERT LANDS. 


said river; that the said canal was to be constructed one hundred and 
twenty feet wide and four feet deep; that affiant made the surveys and 
examinations and estimates of the cost of constructing the canal and had 
the same located and commenced its construction, and spent a large 
amount of money in such construction ; and after spending all the money 
he could raise, and finding the enterprise required more capital than he 
possessed, tried to interest other capital in the enterprise, but found it 
impossible to do so as he was unable to convince anyone that the enter¬ 
prise would prove profitable ; that since affiant failed in this undertaking 
the parties who own the odd sections and those who have entered the 
even sections under the Desert Land Law have undertaken to complete 
this canal, and have expended thereon a large sum of money and are 
now engaged in its construction; that this projected canal will cost when 
completed from three to four hundred thousand dollars, and is the only 
means whereby these lands can ever be made of any value; that it is ut-. 
terly impracticable to reclaim these lands without the combined efforts of 
the owners of the land, as the outlay to irrigate isolated portions thereof 
would far exceed the value of the land when irrigated; that the enterprise 
of constructing said canal will result in changing one of the most’ barren, 
desolate, forbidding and worthless portions of California into the most 
fertile lands in the State. 

Affiant further says that the map hereto attached of a part of Kern 
County is substantially correct, and represents the irrigating ditches that 
have been laid out in said county, said map being signed with his initials 
“ O. P. C.” 

Affiant further says that he is acquainted with the lands in the State of 
California; that in the pursuit of his business as surveyor an<^ civil engi¬ 
neer he has visited and is familiar with all parts of the State south of San 
Francisco, and knows the character of these lands and the rainfall there¬ 
on; that all of the lands shown on said map, except the swamp lands, are 
desert lands, and not capable of producing an agricultural crop without 
irrigation; that even the swamp lands after being drained and reclaimed 
must be irrigated to produce an agricultural crop; that said desert char¬ 
acter is not from want of fertility of soil, but is from want of sufficient 
rainfall; that the only thing needful to make any of these lands productive 
is water, and that can only be obtained by irrigation. 

Affiant further states that he has no interest in any desert land applica¬ 
tion or location whatever. O. P. Calloway. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


DESERT LANDS. 


43 


STATE OF CALIFORNIA, 

City and County of San Francisco. 

I, L. S. B. Sawyer, Clerk of the U. S. Circuit Court, Ninth Circuit 
District of California, it being a Court of Record and having a Seal, do 
hereby certify that the foregoing affidavit was subscribed and sworn to 
before me by O. P. Calloway on this 29th day of October, A. D. 1877 ; and 
I do further certify that said affidavit was read to the said O. P. Calloway 
previous to his name being subscribed thereto ; and that deponent is a 
respectable person, to whose affidavit full faith and credit should be 
given. 

In witness whereof, I have hereunto subscribed my name and 
< seal affixed the seal of said Court this 29th day of October, A. 

D. 1877. L. S. B. Sawyer, 

Commissioner and Clerk of the U. S. Circuit Court, Ninth Circuit Dis¬ 
trict, California. 



Affidavit of R. L. Dixon. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

R. L. Dixon, being of lawful age and first duly sworn, says that he is a 
citizen of the United States, and a resident of the county aforesaid ; that 
he has resided here for more than two years, being the Superintendent of 
Buena Vista Ranch and the stock thereon during the whole of that time ; 
that said ranch is situated on Section 20, Township 30 South, of Range 25 
East, about 20 miles southwest of Bakersfield, on the north side of Kern 
River and Buena Vista Slough ; said section is within a few hundred 
yards of the north fork of said river, and about one mile from Buena 
Vista Slough ; that he believes said section to be as fertile and produc¬ 
tive as any land he has seen on Kern Island or in Kern County ; that he 
cultivates the same and also some other lands near said slough in alfalfa 
and grain crops ; and further, that said lands will not produce any agri¬ 
cultural crop without irrigation ; that with an abundance of water running 
through the ditches (said section being well ditched) there are small por¬ 
tions near the ditches that will produce from seepage water without being 
actually overflowed ; but without the water flowing through said 




44 


DESERT LANDS. 


ditches, and thus moistening by seepage a strip of land near them, no 
crop could be raised. 

Affiant further states that he is well acquainted with lands around said 
ranch for some miles, and along and adjacent to the roads leading to 
Bakersfield; that none of said lands are superior, but many of them are very 
inferior to said Section 20, both in quality, and being likely to produce agri¬ 
cultural crops without irrigation ; that no agricultural crop can be raised 
on said ranch without water being brought on it ; that it and all the sur¬ 
rounding lands, not swamp and overflowed lands, are dry, arid and deso¬ 
late, unfit for agricultural purposes. 

Affiant further states that in the winter of 1876, the feed for sheep in 
the surrounding country, and for ten or fifteen miles north of it, was so 
scarce that he was compelled to move them to the ranch and feed on hay 
raised by irrigation, and finally this season to send more than one-half to 
the mountains to prevent them from perishing for want of food. 

Affiant further states that he knows of no crops being raised off the 
swamp land line without irrigation, and believes there are none ; that he 
knows of no levees being made to prevent the water from flowing on any 
of said land ; that he understands the Object of any levees or banks here 
is to so hold the water as to cause it to flow on the land for irrigation 
purposes. 

Affiant states that he considers the whole country worthless for any 
agricultural purposes without irrigation, as far as he has seen it ; and that 
all irrigating ditches are costly and expensive, requiring more than ordi¬ 
nary means at any distance from the banks of the River Kern, that being 
the only source of supply. 

Affiant further states that he has no interest direct or indirect, now or 
in the future, in any application for the location of Desert Lands. 

R. L. Dixon. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of J. J. Darnel. 


STATE OF CALIFORNIA, | 

> ss. 

County of Kern. ) 

J. J. Darnel being of lawful age and first duly sworn, deposes and says 




DESERT LANDS. 


45 


he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of W. P. Wallace, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit : 

The North X, and the Southwest X> and the North x / z of the 
Southeast,X of Section 12, Township 27 South, of Range 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith ; and that his knowledge of said land 
is such as to enable him to testify understanding^ with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says he has resided in Kern County for four years ; that 
the map of Kern County attached hereto, signed with the name of this 
deponent and marked “ Exhibit A”, is substantially correct; that the gen¬ 
eral character of said land, and its agricultural capacity is well known to 
this affiant ; that the land described on said map is an arid, sandy plain, 
of no value whatever for agricultural purposes without a thorough sys¬ 
tem of irrigation, and that with some irrigation it will produce valuable 
crops of almost every description. The system of irrigation carried out 
on the portions of land described on said map has largely increased the 
taxable value of said lands ; the land described in the application of said 


4 6 


DESERT LANDS. 


W. P. Wallace, has never been cultivated, and is not subject to overflow, 
and has no levee to protect it from overflow. 

J. J. Darnel. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


♦ 

Affidavit of A. M. Donaldson. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern, ) 

A. M. Donaldson being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration .of Z. Burdsall, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

North X of the Northwest X> and Southeast X of the North¬ 
west X Section 20, Township 28 South, of Range 25 East, Mount Di¬ 
ablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it 
is desert land, and will not produce without irrigation any agricultural 
crop, and is, in fact, worthless for all agricultural purposes, and cannot 
be made of any agricultural value without irrigation; that said land is not 
timber land, and that there is not to his knowledge within the limits of 
said land, any vein or lode of quartz or other rock in place bearing gold, 
silver, cinnabar, lead tin or copper, or any deposit of coal; that there is 
not within the limits of said land to his knowledge any placer, cement, 
gravel or other valuable mineral deposit; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners or 
otherwise: that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 




DESERT LANDS. 


47 


that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation, to produce a crop. 

Affiant further says that he has been a resident of Kern County for 
eight years. Deponent is familiar with the lands marked on the map at¬ 
tached hereto marked “Exhibit A,” and containing the signature of 
this deponent, and that the said map is substantially correct. During 
the residence of this deponent in Kern County he has had an opportunity 
of becoming acquainted with the general characteristics and agricultural 
capabilities of the lands described; that said lands will not produce 
any species of agricultural crops without a thorough system of irrigation, 
which will admit of the lands being thoroughly saturated with water. The 
natural rainfall is very meagre in this section, and during the wet weather 
a portion of these lands produce a short, hardy grass, fit only for grazing. 
During wet weather this grass grows, but it withers and dies during the 
long dry summer season. 

This deponent further states that he has had an opportunity of observ¬ 
ing, and has observed the effects of irrigation upon these Desert Lands, 
and he states the effect to be beneficial in the highest degree. When a 
system of irrigation has been carried out thoroughly, and water in large 
quantities placed upon said lands, they produce large crops of almost every 
description. The effect of irrigation upon said lands when it has been car¬ 
ried out is to largely increase their value for taxable purposes, and thus 
directly result in great benefit to the whole county. 

A. M. Donaldson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 


Affidavit of Frank Drake. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Frank Drake being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a detective and 
constable ; that he knows the land, and each legal subdivision there¬ 
of, described in the declaration of Wm. F. Herrin, which land is, 




4 8 


DESERT LANDS. 


situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit: 

The North ]/z and the Southwest X °f Section 21, Township 28 South, 
of Range 26 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that 
his knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto ; that said land is very dry and 
arid; that there is not sufficient rainfall upon it at any season of the 
year to produce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county a num¬ 
ber of years ; that he knows the land declared on by Wm. F. Herrin, and 
the exterior boundaries thereof; that there are no settlers thereon, and no 
part thereof has been cultivated, and the same is not subject to overflow, 
or is the same protected from overflow by dams, levees, dikes or ditches, 
or in any manner. 

That he has examined the map appended, marked with his name, and 
believes the same correct; that he knows the land without the boundaries 
of the land laid down as swamp and overflowed, is, in truth, desert, dry, 
dusty, and arid, producing but little naturally, and of no value for agricul¬ 
tural purposes unless reclaimed by irrigation, but by irrigation in culti¬ 
vation it will produce abundantly. 

I am in no manner interested in any land claimed under the Desert 
Land Act. Frank Drake. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


49 


Affidavit of Chas. H. Emery. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Chas. H. Emery, being of lawful age and first duly sworn, deposes 
and says he is a citizen of the United States, and a resident of the County 
of Kern, and State of California; that he is by occupation a farmer ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of John T. Little and Geo. A. Harris, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit : 

The North X of the Northwest X> and the Southeast X °f the North¬ 
west and the South X of the Southeast X> and Northeast X °f the 
Southeast X of Section 8, Township 29 South, of Range 26 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith, and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that portion 
of San Joaquin or Tulare Valley within the limits of Kern County ; that 
none of said land, except the swamp land, will in an ordinary season produce 
an agricultural crop without irrigation ; that most of the land designated 
as swamp land in that section of country, after reclamation, requires irri¬ 
gation to produce a crop. 

Affiant further says that he has resided in said county for two and a 
half years, and on Section 24, Township 29 South, of Range 26 East, 
for two and a half years ; that he is well acquainted with the character 
of all the lands marked on the annexed map, signed with his name, and 
particularly the lands in Township 29 South, of Range 26 East, and to 



50 


DESERT LANDS. 


the northward thereof; that said land is desert, producing nothing but a 
scant growth of vegetation following the annual rainfall ; that said vegeta¬ 
tion dries up and dies early in May of every year, leaving said land a dry, 
dusty, desert plain for at least eight months of the year; that I made the 
experiment of trying to raise a crop on Section 24, Township 29 South, 
of Range 26 East; that I chose therefor an exceptionally wet year and 
sowed a crop of barley early in the winter during the time of the rain¬ 
fall ; that said barley completely dried up and failed to mature ; that 
from said experiment I am fully convinced that it is impossible to grow and 
mature an agricultural crop on said land under the most favorable circum¬ 
stances, and even in the most favorable seasons without irrigation. I 
know the land applied for by the said John T. Little and Geo. A. Harris 
as aforesaid ; that no part thereof has been cultivated ; that at no season 
is the same subject to overflow, and it does not have to be protected from 
overflow by embankments, dams, dikes or ditches ; that said lands are 
valueless without irrigation, producing almost nothing ; that with irriga¬ 
tion they can be made to produce abundantly. Chas. H. Emery. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Joseph Fontaine. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Joseph Fontaine, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a Deputy Sheriff; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of M. K. Cady, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

The North X, and the Southeast X °f Section 30, Township 28 South, 
of Range 26 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that his 
knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not 




DESERT LANDS. 


5i 


produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation; that said land is not timber land, and that there 
is not to his knowledge, within the limits of said land, any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, -gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise ; that no portion 
of said land is worked for minerals, during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County ever 
since its organization, and within the territory comprised in the bounda¬ 
ries of Kern County almost continuously since the year 1856, a period of 
twenty-one years ; that he has examined the map annexed hereto and 
signed with his name, and believes the same to be correct ; that he has 
been acquainted with said lands during twenty years of time, and has 
been over and on them at all seasons of the year, and is well and 
thoroughly acquainted with their quality ; that the character of said lands 
are uniformly the same ; that they are desert lands in the full meaning of 
the term ; that the whole of said land outside of the boundaries marking 
the swamp lands as segregated, and marked on said map, is a dry, arid 
plain, at no time producing more than a scanty growth of weeds and 
alfilerilla grass, with spots of sage-brush ; and that said lands are dry 
arid and for eight months of every year bearing no grasses or vegetation 
of any kind but the occasional spots of sage-brush ; that no part of said 
lands are or can be classed as agricultural lands in their natural state ; 
that every attempt within my knowledge made in twenty years^last past 
to raise any kind of agricultural crop on any of said lands without irriga¬ 
tion has been an utter and complete failure. 

Affiant further states that said alfilerilla grass only grows on said 
lands after the winter rainfall ; that it is a sparce growth, never attaining 
more than two or three inches in height, impossible to be harvested ; that 
said grasses entirely dry up by the middle of May of every year, leaving 
said lands a dry and arid plain for at least eight months of the year ; that 
said lands can be made valuable by irrigation, and whenever they have 


52 


DESERT LANDS. 


been reclaimed by irrigation and sown in crops, and said crops are care¬ 
fully irrigated, they produce abundantly ; that he is well acquainted with 
the lands in the vicinity of the various ditches and canals marked upon 
said map ; that said lands were desert, dry and arid prior to their recla¬ 
mation, and of little or no value ; that by their reclamation they have 
increased in value more than fifty fold ; that all of said lands are value¬ 
less without irrigation and reclamation by irrigation ; that affiant is not 
an applicant for any lands under the act known as the Desert Land Act, 
and has no interest in said lands. • Joseph Fontaine. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of T. R. Fillebrown. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. J 

T. R. Fillebrown being first duly sworn, deposes and says that he 
is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a civil engi¬ 
neer and surveyor ; that he knows the land, and each legal subdivision 
thereof, described in the declarations of Charles E. Cloyes, and J. B. 
Haggin, which land is situate, lying and being in the County of Kern, 
State of California, and more particularly described as follows, to wit : 

Charles E. Cloyes —The North %, of the Southeast X, and South X 
of the Northeast X of Section 32, Township 30 South, of Range 26 East. 
J. B. Haggin—The South % of Southeast X, and South X of the South¬ 
west X °f Section 6, Township 30 South, of Range 26 East, Mount Diablo 
Base and Meridian; that he has been upon said land, and is acquainted 
therewith ; and that his knowledge of said land is such as to enable him 
to testify understandingly with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any season 
of the year to produce a crop; that it is desert land, and will not produce 
without irrigation any agricultural crop, and is, in fact, worthless for all 
agricultural purposes, and cannot be made of any agricultural value with¬ 
out irrigation; that said land is not timber land, and that there is not to 
his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper, 
or any deposit of coal; that there is not within the limits of said land to 




DESERT LANDS. 


S3 


his knowledge any placer, cement, gravel or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary sea¬ 
son produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been in Kern County most of the time 
since the first of March, 1874; that he was appointed Deputy County 
Surveyor soon after his arrival at that time, and did nearly all the work 
belonging to that office during the two years following, besides a great 
deal of work for private individuals, such work consisting in the retracing 
of Township and Section lines, the location of canals and ditches for pur¬ 
poses of irrigation, the examination of lands for the information of others, 
as well as himself, and in general such business as usually transpires in a 
mixed practice of surveying and civil engineering; that in the pursuit of 
his vocation he has necessarily been over and upon the lands in the Kern 
River Valley a great deal, and is perfectly familiar therewith; that the 
lands of this valley were surveyed more than twenty years ago by 
the United States Government, and the section corners being nearly all 
obliterated, rendered it necessary to re-survey most of the lands, which 
he has been called upon to do, from time to time, by parties wishing to 
cultivate and improve said lands. The location of public roads under the 
direction of the Board of Supervisors, has also given him frequent occa¬ 
sion to make surveys, and to pass over and be upon the lands in said val¬ 
ley; that he has conversed with many of the inhabitants regarding the 
adaptation of these lands to agriculture, and the universal expression has 
been that the land is utterly worthless for agricultural purposes without 
irrigation, but with it, is the most highly productive soil in the State. 

That he has never known any one to attempt to produce any kind ot 
agricultural crop without irrigation, but knows of many instances in which 
parties have put in crops with the expectation of getting ditches com¬ 
pleted, but failing to complete them in time, have lost their crops from 
want of water; that in the Autumn of the year 1874 he purchased the 
Northeast of Section 26, in Township 3° South, of Range 27 Kast, and 
has since sold the same at more than double its original cost, the en¬ 
hanced value being due in part to improvements made by himself upon 
said land, and in part to similar improvements made by others on adja- 


54 


DESERT LANDS. 


cent lands, which improvements consisted in the construction of ditches 
for irrigation, and the seeding of part of the land to alfalfa, which seed¬ 
ing could not have been accomplished without the previous construction 
of such ditches. 

Other cases can be cited where values have enhanced in a greater ratio, 
simply by reason of better and cheaper facilities for irrigation. 

The entire tract of land lying between Kern River on the north, and 
Kern and Buena Vista Lakes on the south, commonly known as Kern 
Island, consists of a dry, sandy loam, with deposits of alluvial soil on 
some of the lower portions, brought down by floods, the latest of which 
is said to have occurred in the year 1862, when Kern River became ob¬ 
structed below the mouth of the canon, where it emerges from the Sierras, 
by large quantities of logs and other debris, forcing the water from its 
former channels which consisted of what is known as “Old River.” and 
the various sloughs running to Kern Lake, and causing it to cut a new 
channel now known as “New River,” and which forms the present chan¬ 
nel of Kern River; that along the banks of, and on the low lands adja¬ 
cent to, the old water course above referred to, as well as along New River 
there is, in places, a dense growth of willows and some cottonwood trees 
which, having taken root when the land was moist, have penetrated so 
deep into the ground as to reach permanent moisture, and hence continue 
to grow, but at no time since his acquaintance with the country has it 
been possible to cause any seed, shrub or scion to vegetate upon these 
lands without surface irrigation, except it be upon or near the bank of 
some slough or ditch, whence moisture is derived by saturation, which is 
equivalent to surface irrigation. 

That since the first of December, 1876, he has been in the employ ot 
Messrs. J. B. Haggin and W. B. Carr, his business consisting in the re¬ 
surveys and examination of lands, the projection of such re-surveys upon 
paper, and the location and superintendence of canals and ditches of va¬ 
rious dimensions, depending upon the area of land they were designed 
to irrigate ; that during the past winter he was in charge of an extension 
of the James Canal, and numerous branches thereof, constructed to irri¬ 
gate a portion of Township 31 South, of Range 25 East, which is known 
as the “Lake Ranch,” and marked on the accompanying map in redj 
that this tract borders upon the swamp and overflowed land on Buena 
Vista Lake where the moisture is nearer the surface than in the case of 
the highler lands further north, yet here they failed to mature a crop 
during the season just past, from want of sufficient irrigation, though 
early in the season said land was irrigated several times ; several miles of 
live willow and cottonwood posts set for fencing have also died from the 
same cause. The owners of this land, besides the expenses of canals 


DESERT LANDS. 


55 


and ditches, have incurred a large expense in sinking a number of arte¬ 
sian wells, one of which is on this ranch, and from which a few trees 
about the house have been irrigated and thereby saved; that in all cases 
the newly set trees have died when not thoroughly irrigated. 

Affiant further states that in the accompanying map the various canals 
and ditches are correctly laid down as determined by actual surveys made 
by himself and others, except that a great number of small distributing 
ditches which have been constructed from time to time, are not represent¬ 
ed at all; that those taking water from the south, or left bank of the 
river, and flowing through and over the land known as Kern Island, and 
embracing about five townships, or say one hundred and fifteen thousand 
acres, have cost, to his certain knowledge, over one hundred and fifty 
thousand dollars, and he believes that their cost up to the present time 
has exceeded two hundred thousand dollars ; this is exclusive of the many 
distributing ditches constructed by the individual land owners, the cost of 
which has not been taken into account, and cannot be very easily approx¬ 
imated, but affiant firmly believes that they have cost not less than one 
hundred thousand dollars, and that no community of rational men would 
go to this expense to obtain water they did not need, as they would not 
need it if their lands would produce crops without irrigation ; and further, 
that this fact alone is sufficient proof that all are convinced thoroughly of 
the non-productive character of this land without irrigation, and of its 
marvelous productiveness with irrigation. 

Affiant further says that these canals are owned by the owners of the 
land through which they run, and the adjacent lands, there being no set¬ 
tler, within his knowledge, who has made any improvements at all, who 
does not own stock in one or more of these canals ; that some of these ca¬ 
nals, of which the Stine and Buena Vista are most prominent, were at first 
owned exclusively by settlers of small means, who were unable to bear 
the expense of completing their work until they entered into co-operation 
with the larger land owners, by which means they have been enabled, 
during the past two years, to so far complete their canal as to give them 
sufficient water to secure abundant crops, whereas without such co-opera¬ 
tion they must in most instances have failed entirely, as affiant firmly be¬ 
lieves 

Affiant further says that he now owns stock in the Buena Vista Canal, 
and once owned stock in the Stine, and knows by reference to the books 
of said companies that the Stine Canal has cost, up to the present time, 
something over twenty-five thousand dollars, and the Buena Vista over 
seventeen thousand for the main canals exclusive of lateral ditches ; that 
in December, 1874, the Stine Canal Company entered into an arrange¬ 
ment with Messrs. Haggin & Carr, whereby the said Haggin & Carr 


56 


DESERT LANDS. 


agreed to complete their canal, taking a portion of the stock at its par 
value, and carrying the remainder until it could be paid by the share¬ 
holders in small installments; that to the best of his knowledge and be¬ 
lief the terms of this agreement have been faithfully fulfilled by those 
parties, as will be attested by any member of the company, and as will 
be shown by the company’s books, they having expended over twenty 
thousand dollars in the construction of works; that a similar arrange¬ 
ment was entered into by the Buena Vista Company, and also the Pioneer 
Company, whose canal is located on the north side of Kern River, as 
correctly laid down on the accompanying map, Haggin & Carr having 
advanced something over ten thousand dollars on the former, and about 
twenty thousand on the latter. By this means the settlers dependent 
upon these canals for irrigation have been supplied with water sufficient 
to mature their crops. 

Affiant further says that his acquaintance with the lands north of Kern 
River dates from about the time'he first came to the county, viz: 
March, 1874; that since that time he has been repeatedly over and upon 
said land from Kern River on the south, to Tulare County on the north, 
and from the mountains on the east to the swamp land on the west ; 
that with the exception of land within the reach of the Pioneer Canal, 
and a few small ranches near the river, which are irrigated at compara¬ 
tively small expense, there is no portion of this tract of land occupied by 
settlers, the only buildings to be seen being small cabins used by sheep 
herders or vaqueros; that the vegetation consists almost exclusively of 
sage-brush, there being, however, a slight growth of alfilerilla and other 
small grasses on most portions of it, which spring up and form feed for 
sheep, and some cattle during the wet season, but die out and dry up 
soon after the hot weather begins; that along Posa Creek, which is dry, 
except during winter and early spring, there are a few scattering cotton¬ 
wood trees, and at the sink of said creek a few willows, but no timber 
which has any commercial value. 

Affiant further states that he has known of a number of cases in which 
persons have located upon these lands in the hope of some of the canal 
projects being pushed to completion at an early day, but being disap¬ 
pointed in this, have been obliged to abandon their claims and seek em¬ 
ployment whereby to gain a livelihood; that some have located claims 
under the “Timber Culture Act,” and have planted locust and other seed 
which have in all instances lain dormant in the ground until irrigated by 
the waters of Kern River, conveyed by some of the canals projected and 
now partly constructed; that some time ago a Mr. Calloway located and 
commenced the construction of a large canal, designed to irrigate this 
tract of land, but prosecuted the work only to a short distance, owing, as 


DESERT LANDS. 


57 


he is reliably informed, to a lack of sufficient capital to proceed further ; 
the same canal has since been taken in hand by Haggin & Carr, and is 
now being pushed forward as rapidly as is practicable, having been com¬ 
pleted to a distance of between seven and eight miles with a width of eighty 
feet on the bottom and slopes four to one, and capable of carrying water 
to the depth of four feet; surveys have been made and the canal located 
to a distance of about twenty-five miles; the cost of this canal to date is 
over fifteen thousand dollars. 

To complete the main canal is roughly estimated to cost about one 
hundred thousand dollars, and this is but the initiatory step towards the 
irrigation of the vast tract of land lying between the Southern Pacific 
Railway on the east, and Buena Vista Slough on the west, all, or nearly 
all of which can be irrigated from this canal when completed, the slope 
of the county being to the southwest towards the slough. A smaller canal 
known as the Beardsley Canal, and another, the McCord, whose heads 
are located higher up the River, will cover a narrow strip of land above 
the Calloway. 

Affiant further states, from knowledge acquired by personal examina¬ 
tion and surveys, that the tract of land in question can be successfully 
irrigated only by the concentration of a large amount of capital upon 
some one system , the cost of constructing any number of small canals 
being- proportionately so much greater, and the good accomplished thereby 
proportionately so much less, that any such efforts put forth by any num¬ 
ber of settlers, each acting for himself, or acting conjointly in small com 
panies, must result in ultimate failure. The amount of water lost by 
evaporation and percolation is much greater in small than in large ditches 
in proportion to their volume, and the disadvantages of a small ditch be¬ 
comes greater and more apparent the farther they are extended from the 
source of supply. 

In further proof of the utter worthlessness of these lands for agricul¬ 
ture without irrigation, affiant states upon information acquired by exami¬ 
nation of official records, that said lands have been surveyed and open to 
settlement for more than twenty years, and yet no emigrant has ventured 
to settle upon any portion of it, until recently, since the practicability of 
turning the waters of Kern River upon it has been demonstrated. As 
before stated, a few sheep owners have built temporary habitations upon 
these lands, and in some cases filed upon a quarter section, not with a 
view to agricultural pursuits, but with a view to ranging their herds upon 
the adjacent lands as far as they could travel in all directions. 

Affiant also believes that the acquisition of such lands in large quanti¬ 
ties by capitalists who are able to reclaim and improve them, is the only 
means whereby the Government can ever derive any appreciable revenue 


58 


DESERT LANDS. 


therefrom, while such acquisition adds largely to the revenue of the State 
and county, by not only increasing the acreage of taxable lands, but at 
the same time largely enhancing their value per acre, and instead of de¬ 
priving actual settlers of the opportunity of acquiring homes, it offers to 
such the opportunity of acquiring better and more productive farms than 
can be obtained in non-irrigated localities by pre-emption or otherwise, 
at the same time giving to them lucrative employment when not occupied 
upon their own lands. 

Messrs. Haggin & Carr have leased, and are still leasing, lands to 
which their title is perfected, in half section tracts, on the most liberal 
terms, giving to the settler all the crop the first year, rent free , and three- 
fourths of the crop thereafter, also constructing for each family a neat 
house and barn, far better than those of the average settler, boring a well, 
constructing a ditch through each section, and furnishing seed and feed for 
stock while putting in the first crop; also giving the settler the privilege 
of purchasing the land at any time during, or at the expiration of the 
lease, at a fair price, and on long time, payable in yearly installments, • 
thus enabling the settler to easily pay for the land out of the profits de¬ 
rived therefrom. These leases are being eagerly sought for, and taken 
by parties who had tried farming upon non-irrigated land, preferring these 
terms, with the certainty of water, to the uncertainty of producing crops 
upon the other class of lands, even though there are yet thousands of 
acres of such lands to be had at two dollars and a half per acre. It is 
believed that these terms, while offering better opportunities than usual 
to the settler, and requiring an immense outlay of capital by the present 
owners of the land, will ultimately result in satisfactory returns to them, 
by bringing a larger immigration to the valley, and producing a constantly 
increasing demand for their lands. 

Affiant says further, that in his opinion the lands susceptible of irriga¬ 
tion from canals already constructed from Kern River are capable of sup¬ 
porting at least one thousand families, and that the plans projected on the 
north side of Kern River will, if prosecuted to completion, reclaim a 
tract of dry, desert land, now worthless, but capable, when thoroughly 
irrigated, of supporting more than three thousand families. 

Affiant further says that the map herein referred to, attached to this 
affidavit and marked with the name of this deponent, “ T. R. Fillebrown,” 
he has carefully examined, and the same is substantially correct of his 
own knowledge. 

That those portions of the land represented on said map, which are 
described in the declarations of Chas. E. Cloyes, and J. B. Haggin, he is 
particularly familiar with, and the facts stated herein with reference to 
said land, are stated from his own personal knowledge. 


DESERT LANDS. 


59 


Affiant further states that he has no interest, either direct or indirect, 
in this or any other land located or applied for under the Desert Land 
Act. T. R. Fillebrown. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Alec Forsyth. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, ) 

A. Forsyth being first duly sworn deposes and says that he is of lawful 
age, a citizen of the United States, and that he has been a resident of 
Kern County for the last fourteen or fifteen years, and before its organi¬ 
zation; that he is by occupation a farmer and hotel-keeper; that the map 
annexed to this affidavit marked “Exhibit A,” and bearing this deponent’s 
signature is substantially correct ; that deponent is familar with the 
general character and the value of the lands for agricultural purposes de¬ 
lineated on said map; that this region of country is a vast arid plain, over 
which there is a very insufficient rainfall and that in its primitive state 
it produces no vegetation, save sage-brush and a species of dry, hardy 
grass, in the wet season, fit only for grazing purposes, and which withers 
and dries during the long sultry summer season of this section. 

This section of country is unfit for farming purposes in its natural state, 
and without irrigation will produce no sort of agricultural crop ; whilst 
the lands which have been thoroughly irrigated and cultivated in said 
section produce abundant and valuable crops. The system of irrigation 
inaugurated and carried out in portions of Kern County has been the 
means of adding very largely to the taxable property of this county, and 
has converted barren, worthless lands into valuable cultivated farms. 

Alec Forsyth. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 




6o 


DESERT LANDS. 


Affidavit of L. F. Fries. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

L. F. Fries, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of W. S. Jones and Joshua Tevis, which land is situate, lying 
and being in the County of Kern, State of California, and more particu¬ 
larly described as follows, to-wit: 

The Northwest X> and West X of the Southwest X of Section 22, 
Township 27 South, of Range 24 East, and the West X and Southeast 
X of the Southeast X °f Section 22, Township 27 South, of Range 24 
East, Mount Diablo Base and Meridian ; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understanding^ with regard thereto; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none ol said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that, he knows the land claimed in declaration of 
W. S. Jones aforesaid, and the exterior bounds, and there are no settlers 
thereon, and no part thereof has been cultivated, and the same is not sub¬ 
ject to overflow or protected from overflow by levees or in any artificial 
manner ; I have examined the map appended marked with my name and 



DESERT LANDS. 


believe the same to be correct, and know that all without the bounds ot 
the land therein marked as swamp and overflowed are desert land, that 
is, they are dry, dusty, desert plains for eight or ten months of every year, 
and will produce no agricultural crop without reclamation by irsigation, 
and irrigation from seeding tiil harvest. I have no interest in any land 
claimed under the Desert Land Act. L. F. Fries. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i 


Affidavit of John Funk. 


STATE OF CALIFORNIA, ) 

> ss. 

County of San Francisco. ) 

John Funk being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a cattle grower; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of-, which land is situate, lying and being in the Coun¬ 

ty of Kern, State of California, and more particularly described as follows, 
to wit: 

The lands represented by the map annexed hereto, Mount Diablo Base 
and Meridian; that he has been upon said land, and is acquainted there¬ 
with ; and that his knowledge of said land is such as to enable him to testify 
understandingly with regard thereto ; that said land is very dry and arid; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 





62 


DESER T LANDS. 


Affiant further says that he is acquainted with ail the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of the territory embraced 
in boundaries of Kern County for a period of about fifteen years ; that he 
has examined the map hereto appended, and he knows the same 
to be correct in detail ; that said map is marked with his 
name; that by reason of his occupation he has occasion to visit, pass over 
and inspect the lands described in said map; that all of the lands therein 
described without the boundaries of the swamp and over-flowed lands are 
Desert Lands; that they are uniform in their general character and are 
dry, dusty, arid plains for eight to ten months of every year; they in their 
natural state producing nothing but a scant growth of sage-brush in places, 
and following the winter rains a scant growth of alfilerilla grass that never 
is sufficient in height or quantity for making into hay, and which dries up 
early in May of every year; that they are of no value for pasturage except 
for a short time in early spring, and then they will at that time sustain but 
few animals to a large acreage; that said lands are of no value whatever 
without their reclamation by irrigation, and it is impossible to grow a 
crop thereon without irrigation throughout its growing season; that by ir¬ 
rigation they are capable of producing largely, and wherever the experi¬ 
ment of thorough irrigation has been made thereon the result has been 
an abundant harvest. I know the canals and ditches indicated on said 
map, and was well acquainted with the lands in their vicinity. That 
prior to making said canals said lands were valueless, but since their re¬ 
clamation by said system of irrigation they have become very valuable; 
that any system for reclamation of said lands will require a large invest¬ 
ment of monies; that no part of said land is subject to overflow, or is the 
same protected from overflow by artificial means. 

John Funk. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


DESERT LANDS. 


63 


Affidavit of S. j. Garrison. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

S. J. Garrison, being first duly sworn, deposes and says that 
he is a citizen of the United States, of lawful age, a resident of said 
county and State ; that by occupation he is an editor and newspaper 
publisher; that he .has examined the annexed map marked with his 
name, and the same is substantially correct; that by reason of his calling 
and residence on and in the vicinity of said land, he has become well ac¬ 
quainted therewith, and with its quality and general character ; that the 
lands lying without the boundaries of the land laid down on said map as 
swamp and overflowed are in truth and in fact desert land, dry, dusty and arid 
for eight or ten months of the year, every year in succession; that the annual 
rainfall of this section of the country is entirely insufficient for agricul¬ 
tural purposes; that by reason of the small and unseasonable time of the 
rainfall the said lands are dry and desert during the whole of that part of 
the year necessary for maturing an agricultural crop; that said lands will 
produce nothing of value unless reclaimed by irrigation, and continued 
irrigationffiuring the growing of crops; that in their wild state said lands 
are of little or no value, but reclaimed by irrigation, the same will produce 
abundantly and become very valuable; that large capital, or aggregated 
labor of colonies or communities, is necessary for such reclamation ; that 
the same cannot be done except by canals carrying large bodies of water, 
or a system in a small way by artesian wells ; that he has no interest in 
any lands claimed under the Desert Land Act, either directly or indi¬ 
rectly. ’ S. J. Garrison. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of S. Goodman. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

S. Goodman being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 





64 


DESERT LANDS. 


County of Kern, and State of California ; that he is by occupation a 
merchant ; that he knows the land, and each legal subdivision thereof, 

described in the declaration of-, which land is situate, lying and 

being in the County of Kern and State of California, and more particu¬ 
larly described as follows, to-wit : 

The lands represented by the map annexed hereto, S. and E., Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith, and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto ; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is, in fact, 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for two 
years, and during said residence has made it a specialty to become ac¬ 
quainted with the land and resources of said county; that he has examined 
the map appended, marked with his name, and the same is substantially 
correct; that he has passed over, and knows all the lands west and north 
of the west branch of Kern River, and the same are desert lands; that 
he means by desert lands that they are of uniform, general character, 
dry, dusty, arid plains, producing little or nothing in their natural state, 
except a scant growth of alfilerilla grass, that springs up after the winter 
rainfall, but which, for want of sufficient rainfall in winter, and an entire 
lack of spring and summer rains entirely dries up and dies by the first or 
middle of May of every year, leaving said land an arid plain for eight or 
ten months of the year. From the history of said lands, as he has heard 



DESERT LANDS. 


65 


it, and from his own investigation of the facts, he knows said land will 
produce no kind of an agricultural crop without reclamation by irrigation, 
and continued irrigation from seed time till ripening of the crop, from the 
fact of said lands being uniformly dry, and there being but one source of 
supply for irrigation, to-wit: Kern River. It will take large capital to re¬ 
claim the same, and such reclamation is entirely without the means of 
homestead and pre-emption claimants, as ordinarily allowed, or taken in 
160-acre tracts. 

By reclamation said lands can be made to produce abundantly, but 
an abundant and constant supply of water is a condition precedent. 

That he has no interest in any lands claimed under the Desert Land 
Act. S. Goodman. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of William Goode. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

William Goode being of lawful age and first duly sworn deposes and says 
that he is a citizen of the United States, and a resident of the county 
and State aforesaid; that he has resided in said county for the last three 
years on the South % of the Northeast X> and the Northwest X of the 
Southeast X? and the Northeast X of Southwest X of section 22, Town¬ 
ship 29 South, of Range 27 East, which lands he pre-empted by date of 
October 29th, 1874, and has resided on the same ever since, and now re¬ 
sides on the same. Affiant states that considering the land of no value 
to him whatever unless he could irrigate it, that the first thing he did 
after settling on said land he commenced the construction of a ditch from 
Kern River (only one and one half miles distant) which he completed be¬ 
fore he turned a furrow for the cultivation of agricultural crops; that by 
means of the said ditch he was able and did freely irrigate his said land; 
and that in consequence of such irrigation alone he has made a good 
crop every year; but he states that if he had relied upon the rainfall a total 
failure would have been the result; that since he has resided here there 
has been no such rainfall as would enable a farmer to grow and mature 
any agricultural crop; that his said land and all the other land for miles, 

3 




66 


DESERT LANDS. 


in fact all lands out as far as Posa Creek, Delano and on towards Lake 
Tulare, are worthless for any agricultural purposes without irrigation. 

Affiant further states that his said land is of as good a quality as any of 
said lands above referred to; that being so near Kern River and lying 
lower than the other lands on the level of the plain bluff would be more 
likely to produce crops than the lands on the higher level, and that he knows 
that his land will not produce agricultural crops without sufficient irriga¬ 
tion. 

This affiant further says that he would not take as a gift any township 
of land ten or twelve miles out from the river and pay taxes on it for five 
years unless he had the means to construct irrigating canals, to conduct 
the water on it, as he considers it absolutely worthless for any agricul¬ 
tural purposes without having the water on it. 

This affiant further states that he has no interest of any sort in any 
application for the location of Desert Lands. 

Wm. Goode. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Charles D. Gibbs. 


STATE OF CALIFORNIA, ) 

> ss. 

County of San Francisco. j 

Charles D. Gibbs being of lawful age and first duly sworn deposes and 
says, that he is a citizen of the United States and a resident of the County 
of San Francisco and State of California; that he is by occupation a 
civil engineer ; that he knows the land, and each legal subdivision there¬ 
of, which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to-wit : 

The land shown on the accompanying map, between the sixth and 
seventh standards, S. and E., Mount Diablo Base and Meridian ; that he 
has been upon said land, and is acquainted therewith; and that his 
knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto; that'said land is very dry and arid, 
except the swamp lands as marked on said map ; that there is 
not sufficient rainfall upon it at any season of the year to produce 
a crop ; that it is desert land, and will not produce without irri- 




DESERT LANDS. 


67 


gation any agricultural crop, and is in fact worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irriga¬ 
tion ; that said land is not timber land, and that there is not to his 
knowledge, within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal ; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise ; that no portion of said 
land'is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por-, 
tion of San Joaquin or Tulare Valley within the limits of Kern County, 
as stated above ; that none of said land, except the swamp land, will 
in an ordinary season produce an agricultural crop without irrigation; 
that most of the land designated as swamp land, in that section of 
country, after reclamation requires irrigation to produce a crop. 

Affiant further says that in the years 1853 and 1854 he was Deputy 
United States Surveyor under Colonel Hayes, United Sates Surveyor- 
General, surveying and running the township and section lines of said 
land ; that he was over every part and portion of the same, and knows it 
well ; that the climate is hot and dry, and that there is not rainfall enough 
in that part of the State to produce an agricultural crop without irrigation. 

That the map hereto attached, of a part of Kern County, signed by affi¬ 
ant, is substantially correct as to the land he has testified concerning. 

Affiant also states that he has no interest in any desert land application. 

Charles D. Gibbs. 

STATE OF CALIFORNIA, ) 

> ss. 

City and County of San* Francisco. ) 

I, L. S. B. Sawyer, Commissioner, and Clerk of the U. S. Circuit Court, 
Ninth Circuit, District of California, it being a Court of Record and hav¬ 
ing a Seal, do hereby certify that the foregoing affidavit was subscribed 
and sworn to before me by Charles D. Gibbs, on this 1st day of October, 
A. D. 1877 ; and I do fur.her certify that said affidavit was read to the 
said Charles D Gibbs previous to his name being subscribed thereto, and 
that deponent is a respectable person, to whose affidavit full faith and 
credit should be given. 

__ In witness whereof, I have hereunto subscribed my name and 

| SEAL | affixed the Seal of said Court, this 1st day of October, A. D. 

' 1877. L. S. B. Sawyer, 

Comm’r, and Clerk U. S. Circuit Court, Ninth Circuit, Dist. Cal. 


68 


DESERT LANDS. 


Affidavit of S. W. Gildersleeve. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


S. W. Gildersleeve, being of lawful age and first duly sworn, says that 
he is a citizen of the United States, and resides in the county and State 
aforesaid, and has resided there for the past five years, on a part of Sec¬ 
tion 32, Township 29 South, of Range 27 East ; that he has a general 
acquaintance with the character of the lands on what is known as Kern 
Island and that portion of the lands north of Kern River lying along the 
railroad on as far as Delano ; that all of said last named land, according 
to his observation, and he observed the same closely, was exceedingly 
dry, arid and desolate, and he is convinced that none of it would produce 
any agricultural crop, without irrigation ; that it is of no agricultural value 
unless it is irrigated, and that it would require large capital to irrigate that 
portion of the country. Affiant states that since he has been here the rain 
has not been sufficient to produce any agricultural crop, unaided by irriga¬ 
tion, and that he considers the said land outside the immediate banks of 
Kern River desert land ; that none of it has any quartz, or lode bearing 
minerals, or any valuable mineral deposit whatever, and that it is not tim¬ 
ber land. 

Affiant further states, that although there are some small pieces of land 
lying low and immediately on the banks of the south side of Kern River 
that might produce a crop without irrigation, he states that from his 
knowledge of the land on the island, and his personal experience in culti¬ 
vating it, that he would not have it for that purpose without a water right 
and the ability to irrigate it. 

Affiant further states that the said land is of good quality and highly 
fertile, and productive of agricultural crops, when irrigated ; but that 
taken as a whole, the country is worthless for agricultural purposes, until 
it is irrigated. 

Affiant further states, that men of large means having purchased large 
bodies of land in this region of the country lying on said Island, have in¬ 
augurated and carried out a large and expensive system of irrigation, at a 
heavy outlay of money and labor, by themselves and others ; that many 
farmers are interested with them in such system, and the result of such 
system of canals and ditches has doubled the value of all the lands wa¬ 
tered by them, increased the value of taxable property, and redounded to 
the general public benefit. 



DESERT LANDS. 


69 


Affiant further states that he is not in any manner or form interested in 
any application for the location of desert lands. 

S. W. Gildersleeve. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Thomas E. Haiding. 


STATE OF CALIFORNIA, ] 

> ss. 

County of Kern, j 

Thomas E. Harding, being of lawful age and first duly sworn, deposes 
and says he is a citizen of the United States, and a resident of the County 
of Kern, and State of California; that he is by occupation a hotel-keeper; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Thomas E. Harding, which land is situate, lying and 
being in the County of Kern, State of California, and more particularly 
described as follows, to-wit : 

The fractional North yi, and the Southwest % of Section 2, Township 
31 South, of Range 28 East, Mount Diablo Base and Meridian ; that 
he has been upon said land, and is acquainted therewith, and that his 
knowledge of said land is such as to enable him to testify understand- 
ingly with regard thereto; that said land is very dry and arid ; that there 
is not sufficient rainfall upon it at any season of the year to produce a 
crop; that it is desert land, and will not produce without irrigation any 
agricultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit ; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 




70 


DESERT LANDS. 


produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for eight years, 
and that he is at present a member of the Board of Supervisors of said 
county ; that the map annexed hereto marked “ Exhibit A.” and contain¬ 
ing the signature of this deponent, is substantially correct ; that deponent 
is familiar with the lands described on said map as Townships 27 and 
28 South, of Ranges 26 and 27 East, and that he has frequently traveled 
through said sections ; that the lands described are desert lands, and 
totally unfit for cultivation without irrigation, and that the natural and 
usual rainfall is insufficient to produce an agricultural crop. Portions of 
the lands described produce a hardy grass fit for grazing purposes only. 
This grass only grows during the rainy season, and withers and dies out 
during the long summer months. Deponent is familiar with the effects of 
thorough irrigation upon the desert lands of Kern County, and he states 
it as a fact within his own knowledge that it is most beneficial. When the 
lands are improved by irrigation ditches and thoroughly saturated with 
water they produce abundant and valuable crops of any crop with which 
they may have been seeded. 

The effect of irrigating these lands is to more than double their value 
for taxable purposes, and that the construction of these canals on a large 
scale, as has been done in various instances, is of great benefit to Kern 
County. T. E. Harding. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Hiram Hill. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Hiram Hill, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a farmer; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of Alex. E. O’Neill and E. L. Carson, which land 
is situate, lying and being in the County of Kern, State of California, 
a«d more particularly described as follows, to-wit: , 




DESERT LANDS. 


7 i 


The Southwest % of the Northwest % (by O’Neill), and the North yi 
of the Southeast l /( °f Section 20, Township 28 South, of Range 
25 East, Mount Diablo Base and Meridian; that he has been up¬ 
on said land, and is acquainted therewith; and that his knowledge 
of said land is such as to enable him to testify understandingly with 
regard thereto; that said land is very dry and arid; that there 
is not sufficient rainfall upon it at any season of the year to pro¬ 
duce a crop; that it is desert land, and will not produce without irri¬ 
gation any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal; that there is not within the limits of said land, to his knowledge 
any placer, cement, gravel or other valuable mineral deposit; that no por¬ 
tion of said land is claimed for mining purposes under the local customs 
or rules of miners or otherwise; that no portion of said land is worked 
for minerals during any part of the year by any person or persons; that 
said land is essentially non-mineral land. 

Affiant further says, that he is acquainted with most of the land in that 
portion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for about ten 
years; that he has examined the map annexed to this affidavit marked 
with his name; that he is acquainted with all the land without the 
boundaries of the land laid down as swamp and overflowed land, and the 
same is desert land, dry, dusty and arid for eight or ten months of every 
year ; that it will produce no kind of an agricultural crop without irriga¬ 
tion ; that he knows the land covered by the foregoing declaration of 
Alex. E. O’Neill and E. L. Carson aforesaid, and the same is desert land, 
and there are no settlers thereon, and no part thereof has been cultivated ; 
that the same is not subject to overflow, or is the same protected from 
overflow by levees, dikes, ditches or dams, or any artificial means ; that 
none of the lands on said map, excepting the swamp land, will produce 
crops without irrigation, and as they are in their wild state dependent alone 
on the annual rainfall, they are of little or no value, but reclaimed by irri¬ 
gation they become very valuable. Hiram Hill. 

S^orn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 


72 


DESERT LANDS. 


Affidavit of H. Hirschfield. 


STATE OF CALIFORNIA, 


County of 


Kern. 



H. Hirshfield, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California ; that he is by occupation a 
merchant; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of H. R. Williams, which land is situate, lying and 
being in the County of Kern, State of California, and more particularly 
described as follows, to-wit : 

All of Section 2, Township 29 South, of Range 27 East, Mount Di¬ 
ablo Base and Meridian ; that he has been upon said land, and is ac¬ 
quainted therewith ; and that his knowledge of said land is such as to en¬ 
able him to testify understanding^ with regard thereto; that said land 
is very dry and arid; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley, within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said County of Kern 
for eleven years, and has resided for years; that he 

has examined the map hereto annexed and signed with his name, and 
believes the same to be correct; that he is particularly acquainted with all the 
lands embraced in said map, and knows of his own personal knowledge that 



DESERT LANDS. 


73 


all the lands without the lines marking the boundaries of the swamp an 
overflowed lands as distinguished on said map are Desert Lands ; that 
they in their wild unreclaimed state produce little or nothing of any value; 
that their only production is sage-brush in places, and weeds and alfilerilla 
grass that spring up after the annual rainfail, and dry up by the first 
or middle of May of every year; that said grass seldom attains a heigth 
of more than four inches and is a sparse vegetation, impossible to be cut 
for hay; that he has been on and over said lands at various seasons of the 
year, and they generally present the same appearance—a dry, dusty, arid, 
verdureless desert; that by reason of my business and interest in this 
county I have been making it a special study, using every means possible 
to inform myself of the character and quality of said lands; I know that 
none of said lands will produce an agricultural crop except they be 
reclaimed by irrigation, and unless said irrigation is kept up from such 
time till full maturity of the crop. I know said lands to be valueless 
without irrigation, and that reclamation requires large aggregated capi¬ 
tal and labor to convey water thereon; that I am acquainted with lands 
reclaimed by the canals and ditches laid down upon said map; that 
they were valueless before they were irrigated and thereby reclaimed; 
that by said system of irrigation they have been caused to produce extra¬ 
ordinary yields of grain, hay and all kinds of products ordinarily raised 
by farmers, and their value is now very considerable, while adjoining 
lands are absolutely valueless; that the lands declared on by the aforesaid 
Henry R. Williams are not subject to overflow, or are the same protected 
from overflow by dams, dikes or ditches or in any manner; that no por¬ 
tion of said land has been cultivated. H. Hirshfield. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of L. Hirshfeld. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


L. Hirshfeld being of lawful age and first duly sworn deposes and says 
that he is a citizen of the United States and a resident of Kern County, 
State of California; that he is by occupation a merchant; that he is famil- 




74 


DESERT LANDS. 


iar with the land designated in the annexed map of a part of Kern Coun¬ 
ty; that his knowledge is such as to enable him to testify understandingly 
with regard thereto; that said land (excepting the swamp land designated 
on said map) is very dry and arid; that there is not sufficient rainfall upon 
it to produce a crop; that it is desert land, and will not produce without 
irrigation any agricultural crop, and is in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irriga¬ 
tion; that said land is not timber land and there is not to his knowledge 
within the limits of said land any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal; that there is not within the limits of said land to his knowledge any 
placer, cement, gravel or other valuable mineral deposit, and no portion 
of said land within the knowledge of affiant is being worked for minerals, 
and that said land is essentially non-mineral land. 

Affiant further says that he is familiar with the system of ditches con¬ 
structed for the reclamation of said lands; that such reclamation involves 
the expenditure of a large amount of capital, and without which and proper 
irrigation the said land is worthless for agricultural purposes. 

L. Hershfeld. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of L. R. Hodgkins. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

L. R. Hodgkins, being of lawful age and first duly sworn, says that he 
is a citizen of the United States, and a resident of Kern County afore¬ 
said ; that he has resided in said county for about seven years ; that he is 
by occupation a well-borer. 

Affiant states that he is well acquainted with the character of all the 
lands laid down on the map hereto annexed, and signed with his name ; 
that the said land is of a dry, arid, desolate desert character in its natural 
state, and will not produce any agricultural crop, without irrigation ; that 
it is of no value for agricultural purposes, unless irrigated ; that all sys¬ 
tems or plans of irrigating lands lying at any distance from the river are 
expensive, costly, and beyond the means of ordinary settlers on public 
lands ; that it has been open to settlement for a great many years, and 




DESERT LANDS. 


75 


that most of it is still unsettled, unclaimed, and unappropriated under the 
Pre-emption and Homestead laws of Congress, although many persons 
have visited this region of country for that purpose, and many are living 
and laboring here who would take the allotted quantity if they were able 
to construct canals or ditches that would irrigate said lands. 

Affiant further states that the said land does not contain any lode, 
quartz, or mineral deposit of any kind ; that it is not worked at any sea¬ 
son of the year for mining purposes ; that it has no deposit of coal, gravel, 
or cement, and that it does not produce any timber of commercial value 
that it is not timber land. 

Affiant further states that in his capacity of well-borer he has sunk 
three artesian wells for Haggin & Carr on said lands, to wit: one on Sec¬ 
tion 36, Township 31 South, of Range 27 East, at a cost of $1200, being 
276 feet deep ; one on Section 25, Township 31 South, of Range 26 East, 
296 feet deep, at a cost of about $1200 ; and one on Section 17, Township 
31 South, of Range 26 East, 271 feet deep, at about the same cost ; that 
none of said wells are over four miles from the lake ; that said wells were 
necessary, for the preservation of stock, the soil around them being very 
dry, arid, and desert, producing no water, and needing irrigation (or water) 
on the surface for any and every purpose ; that these last named wells 
have been sunk during the present season. 

Affiant states further that, from the dry and arid condition of said land 
referred to, they are not only useless but worthless for any sort of farming 
purposes, and the rainfall being insufficient to afford water for man or 
beast ; that the transient herder, wherever he may be, is obliged to sink 
wells for drinking purposes, sometimes to great depths, thus making the 
feed for his stock costly, and sometimes beyond the means of the herder, 
compelling him to resort to the mountain districts as soon as the melting 
of the snows permit. 

Affiant further states that outside of the swamp and overflowed lands no 
levees are required to prevent an overflow of them, and that none of said 
lands, except those taken up by purchase, pre-emption, or homestead 
claims, have been cultivated either by residents or non-residents, within 
his knowledge. 

Affiant further states that he is not interested in any application for the 
location of desert lands, directly or indirectly. 

L. R. Hodgkins. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


76 


DESERT LANDS. 


Affidavit of A. S. Hoffmann. 


STATE OF CALIFORNIA, 

County of Kern. 

A. S. Hoffmann, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California; that he is by occupation an iceman 
and liquor dealer; that he knows the land and each legal subdivision 
thereof, described in the declaration of Edward Brown and Peter Casy, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to wit: 

The North l / 2 of the Northeast and North % of the Northwest 
and the Southwest X of Section 2, Township 29 South, of Range 26 East, 
Mount DiabloBase and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as 
to enable him to testify understandingly with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that 
there is not, to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land, to his knowledge, any placer, cement, gravel or other 
valuable mineral deposit ; that no portion of said land is claimed for 
mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern Coun¬ 
ty ; that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he has been a resident of the County of Kern, 
State of California, for two and a half years ; that he has examined the map 
hereto appended, signed by his name ; that he is acquainted with the lands 
jaid down upon said map, and knows their general character ; that all of 




DESERT LANDS. 


77 


said land outside of the lines designating the boundaries of the swamp 
and overflowed lands are desert lands, that is, they in their natural state, 
produce but little save wild grasses, that never attain more than two or 
three inches in height, and are of so sparce a growth as to be utterly use¬ 
less, as the same cannot be harvested, and that their growth is only for a 
short time in the spring of each year; that after the annual rainfall these 
grasses spring up and then entirely dry up by the first or middle of May, 
leaving said land a dry, arid and dusty plain for about eight or nine 
months of each year; that every attempt to raise an agricultural crop on 
said lands without irrigation has been a failure; that it is utterly impossi¬ 
ble to mature, grow, or even start, an agricultural crop without irrigation 
by artificial means; that said lands are almost valueless in their wild 
state, and can only be reclaimed and brought into cultivation by copious 
irrigation by artificial means ; that by irrigation said lands will produce 
all varieties of crops abundantly ; that affiant is acquainted with the lands 
in the vicinity of the canals and ditches laid down on said map, and 
knows the same to have been worthless until the same was reclaimed by 
irrigation ; that the same are not now very valuable ; that no man could 
afford the cost of reclamation of a quarter section unless he had the asso¬ 
ciation of others adjoining in a like enterprise ; that it requires a large 
expenditure of money to make the necessary canals and ditches to 
reclaim said lands. Aug. S. Hoffmann. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Eugene F. Hodgdon 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


Eugene F. Hodgdon being of lawful age and first duly sworn deposes 
and says that he is a citizen of the United States and a resident of said 
County and State ; that he has resided in said county for about eight 
years past, and on the North ]/z of the Southeast of Section 12, Town¬ 
ship 30, South of Range 25 East, for about four years past; that he is well 
acquainted with the character of the lands in said county lying north of 
Kern River and north of the swamp lands on Buena Vista Slough, on to 
the railroad, Posa and Delano; that the general character of all of said 




73 


DESERT LANDS. 


lands are of dry, arid, desert character, incapable of producing any agricul¬ 
tural crops in their natural condition; that the rainfall since his residence 
here has been insufficient to produce an agricultural crop, or render said 
lands of agricultural value, unaided by free irrigation; that this opinion 
has been formed from traveling often over said land and his observation 
of the same, and also from actual experience in the cultivation of his own 
land, and seeing the operations and attempts and failures of others having 
no irrigation facilities, or insufficient ones. 

Affiant further states that the quality of the soil is good and when irri¬ 
gated properly is highly fertile and productive; but that any effectual sys¬ 
tem of irrigation is too expensive, and beyond the means of any save 
large capitalists. 

Affiant further states that he has no interest direct or indirect in any 
application for the location of any desert land, and further this affiant 
sayeth not. 4 Eugene F. Hodgdon. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of John Howlett. 


STATE OF CALIFORNIA, 

County of Kern. 

lohn Howlett, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a stock raiser and 
land dealer; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of Henry Wadsworth, which land is situate, lying 
and being in the County of Kern, State of California, and more particularly 
described as follows, to-wit: 

All of Section 24, Township 28 South, of Range 26 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard there¬ 
to ; that said land is very dry and arid ; that there is not sufficient 
lainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop : 
and is, in fact, worthless for all agricultural purposes, and cannot be made 





DESERT LANDS. 


79 


of any agricultural value without irrigation ; that said lan 1 is not timber 
land, and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen- 
tiallv non-mineral land 

Affiant further says that he is acquainred with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County aforesaid more 
than eight years continuously ; that he has examined the map hereto an¬ 
nexed and signed with his name; that he believes the same to be correct; 
that he is well acquainted with the lands designated on said map; that 
the land covered by the declaration of Henry Wadsworth, above described, 
has no settlers thereon nor has any part thereof been cultivated; nor is 
the same subject to overflow, nor is the same protected from overflow by 
dams, dikes or ditches, or in any manner; that he knows intimately all of 
said land and its general character is the same; that all the land with¬ 
out the lines marking the boundaries of land laid down on said map as 
swamp and overflowed is in truth desert land; that for years at various 
seasons I have been on and over the same; that by reason of my occupation 
as stock raiser, and of my efforts to find pasturage therefor, I have become 
thoroughly acquainted with said land; that the same in its natural state 
produces but little herbage and that only after the rainfall of winter; 
that the vegetation that springs up after said rains is scant and never at¬ 
tains more than an inch or two in height, and which completely dries 
up by the first or middle of May of each year; that in their wild unculti¬ 
vated state thousands of acres of said lands will not maintain a dozen head 
of stock throughout the year; that said land is in reality dry, dusty and 
desert from eight to ten months of every year, and perfectly worthless for 
agricultural purposes unless reclaimed by a copious and abundant system 
of artificial irrigation; that said lands are of a uniform general character 
—all desert; that by irrigation continued from seed time till harvest they 
can be made very valuable, and only by a system of irrigation, demand¬ 
ing large expenditures of monies, or thejoint labor of colonies or commu- 


8o 


DESERT LANDS. 


nities; that the system of irrigation indicated on said map as already per¬ 
fected has reclaimed a large body of land and made it valuable, which 
before its reclamation was valueless, producing nothing—a complete, 
dry, dusty, desert plain. I have no interest in any lands acquired under the 
Desert Land Act, or am I in any way interested in any claim for lands 
under said act. JOHN HOWLETT. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of S. H. Hunt. 


STATE OF CALIFORNIA, 

County of Kern. 

S. H. Hunt, being of lawful age and first duly sworn, deposes and says 
he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a book-keeper ; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of Thomas S. Ackeson and Andrew Baird, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit : 

The North X of the Northeast X of Section 28, and the West X of 
the North X of the Southeast X °f Section 10, all in Township 29 South, 
of Range 26 East, Mount Diablo Base and Meridian ; that he has been 
upon said land, and is acquainted therewith; and that his knowledge of said 
land is such as to enable him to testify understanding^ with regard thereto; 
that said land is very dry and arid; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is, 
in fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 





DESERT LANDS. 


81 


Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; that 
none of said land, except the swamp land, will in an ordinary season pro¬ 
duce an agricultural crop without irrigation ; that most of the land desig¬ 
nated as swamp land in that section of country, after reclamation, requires 
irrigation to produce a crop. 

Affiant further says that he has resided in Kern County continuously, 
since fche 5th day of February, 1876 ; that in the month of February 
1876, this deponent took charge of 10,000 or 12,000 sheep, and grazed 
them at various times upon the lands marked in red ink on the accom¬ 
panying map ; that deponent has examined the map hereto annexed, 
marked “ Exhibit A,” and signed by him, and that the same is substan¬ 
tially correct; that deponent, during the time he was so occupied in 
charge of said sheep, had frequent occasion to pass over and upon the 
larlds enclosed within the red lines on said map in search of food for said 
sheep, and for varions other purposes ; that he is perfectly familiar with 
all of said lands and has closely observed their characteristics ; that they 
are essentially desert lands, and no part of them fit for cultivation without 
irrigation. 

The whole of said land is a vast, arid plain, producing nothing but 
scattered sage-brush, and in winter hardy grasses, which die out after the 
cessation of the rains. This grass is only good for sheep grazing ; that 
along the margin of the river there is a growth of cottonwood and willow 
trees of no commercial value. 

Deponent knows that said lands are valueless for agricultural purposes 
without irrigation ; that said lands have never produced any crops by 
means of the ordinary rainfall alone, which is extremely meagre in this 
section. 

Deponent has since his residence in Kern County had ample oppor¬ 
tunities to observe the effect of irrigation upon these desert lands, and he 
states that effect to be beneficial in the highest degree. When water in 
sufficient quantities is placed upon the soil it yields abundant returns of 
any crops with which it may be seeded ; and this deponent has never 
known a failure to be made when the land was properly and sufficiently 
irrigated. 

Deponent further states that he has a general knowledge of the 
lands delineated on the map hereto attached, and that they aie 
desert lands, incapable of cultivation without irrigation. From a knowl¬ 
edge acquired by experience and observation, deponent is able to state 
generally concerning all of these lands, and Darticularly concerning those 
contained within the red lines on said map ; that they are capable of a 
high state of cultivation, and will produce abundant crops of neailv every 


82 


DESERT LANDS. 


kind with thorough and complete irrigation ; and that without such irri¬ 
gation they are of no value whatever for any agricultural purposes. 

Deponent further states that this is the general belief of all persons 
residing in this valley. S. H. Hunt. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of S. H. Hunt. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

S. H. Hunt, being first duly sworn, deposes and says: That he is a citi 
zen of the United States, of lawful age; and that he is now, and has been 
since the 5th day of February, 1876, a resident of Kern County, State of 
California. That the map annexed to this affidavit, marked “ Exhibit 
A,” and signed with the name of this deponent, is substantially correct, 
and contains a full and fair delineation of the township, section and 
range lines, together with the main ditch courses of that portion of Kern 
County which said map purports to represent. 

Deponent further says that since the date above mentioned up to the 
present time continuously he has been the general book-keeper for Messrs. 
J. B. Flaggin and William B. Carr, and that he has had charge and con¬ 
trol of their books kept for their various ranches in Kern County. That 
he has individually paid a considerable portion of the money expended by 
the gentlemen above named in Kern County for labor, material, improve¬ 
ments, and other necessary purposes. Deponent further says that he is 
thoroughly familiar with the books kept by said gentlemen in Kern County 
and with all the details of their business transacted in Kern County. 

The principal ranches operated in Kern County, owned by Messrs. Hag- 
gin & Carr, are four in number, and are respectively known as the Belle- 
view, the McClung, the Keys, and the Lake ranches. These ranches lie in 
close proximity to each other, and each ranch is under the immediate 
supervision of a competent superintendent, and the whole property is con¬ 
trolled by a general superintendent. The following statements of the 
amounts of money expended by Messrs. Haggin & Carr upon the four 
above named ranches for labor alone, will give some idea of the expense 
attendant upon the effort to reclaim this desert waste, and render it fit for 
the habitation of an agricultural community. 




DESERT LANDS. 


8 3 


Upon the “Belle View Ranch,” which is the residence of the general 
superintendent, and the place where all of the general business is trans¬ 
acted, and from which the supplies are distributed, the following expendi¬ 
tures were made for labor alone, from the ist day of November, A. D. 
1 876, to the ist day of October, A. D. 1877, a period of eleven months : 

The average number of men employed during this period was one hun¬ 
dred and sixty-eight per month for the whole time. 

These employees performed all the labor required on the “ Belle View 
Ranch,” with the exception of the labor required in the construction of the 
main irrigation ditches, upon which large sums of money have been ex¬ 
pended, as will be hereinafter shown from the books of the said ditch com¬ 
panies. The salaries of the one hundred and sixty-eight employees of 
the “ Belle View Ranch ” range from one dollar per day, for each day’s 
work performed, to the sum of two hundred and fifty dollars per month. 
All of the laborers and employees of the “ Belle View Ranch,” as well as 
of the other ranches of Messrs. Haggin & Carr in Kern County, in addi¬ 
tion to the salaries and wages received by them, are boarded by their 
employers. The actual outlay of money required to pay these employees 
for the period of ten months, hereinbefore specified, was the sum of forty 
seven thousand three hundred and sixty-seven dollars and twenty-one 
cents, or an average of four thousand seven hundred and thirty-six dol¬ 
lars per month. The labor employed and the wages paid for the above 
ten months is about an average estimate of like expense since the month 
of February, 1876. Upon the “ Key’s Ranch,” for a period of eight 
months, commencing on the ist day of February, 1877, and ending on 
the ist day of October, 1877, the average number of men employed was 
ninety-six, and during this time there was expended for labor alone upon 
the “ Key’s Ranch ” the sum of eighteen thousand five hundred and 
thirty-seven and 17-100 dollars, or an average of two thousand three hun¬ 
dred and seventeen dollars per month. 

Upon the “ McClung Ranch,” during a period of eight months, com¬ 
mencing February ist and ending October ist, 1877, the average number 
of employees was ninety-two, and the amount expended for their services 
was seventeen thousand^six hundred and forty-four and 20-100 dollars, or 
an average of two thousand two hundred and five dollars per month. 

Work was commenced upon the property known as the “ Lake Ranch ’ 
on the ist day of February, 1877, and vigorously prosecuted for a period 
of seven months. During this time the sum of three thousand nine hun¬ 
dred and two and 49-100 dollars was expended , for labor upon this prop¬ 
erty, or an average of five hundred and fifty-seven dollars per month. 

The actual average cost of boarding employees is at least fifty cents 
per day. 


8 4 


DESERT LANDS. 


The following brief recapitulation will show at a glance the enormous 
outlay made by Messrs. Haggin & Carr for labor during the short period 


as above indicated: 

Amount paid for labor, “ Belleview Ranch," io months.$47,367 21 

“ “ “ “ Key’s Ranch,” 8 months. 18,537 17 

“ “ “ “ McClung Ranch,” 8 months. 17,644 20 

“ “ “ “ Lake Ranch,’’ 7 months. 3.902 49 


Total amount paid for labor.$87,451 07 

Amount paid out in Kern County for supplies furnished to and 

used by employees from Jan. 1st, 1877, to Oct. 1st, 1877. 14.489 83 


Labor Expense.$101,940 90 


This amount does not include the very large sums expended for sup¬ 
plies which were bought and paid for in San Francisco, but shipped to 
Kern County and used by employees there. The fact that a sum largely 
in excess of one hundred thousand dollars has been paid out for labor 
alone in Kern County shows the earnestness of the effort made to reclaim 
these desert lands and the confidence felt by the projectors of the enter¬ 
prise in the ultimate success of their undertaking. 

Deponent further says the following named main irrigation ditches, as 
shown on said map, with respective costs appended, were built, paid for 
and are owned by Messrs. Haggin & Carr, viz: 


Goose Lake. $5,651 90 

James & Dixon. 1,239 65 

Branch James & Dixon. 678 35 

High Canal. 736 57 

Stockton Canal. 71 75 

James Canal (still in progress). I 3- I 37 33 


Total.$21,515 55 


The irrigation ditches named below are organized as corporations, and 
this deponent is secretary of each of said corporations, except the Callo¬ 
way, which has its principal place of business in San Francisco. 

These ditches were all commenced prior to the time that Messrs. Hag¬ 
gin & Carr commenced operations in Kern County, but these gentlemen 
furnished most of the money necessary to be used in the construction of 
these ditches, and are the owners of most of the stock ; but the farmers 
adjacent to the ditches own shares of the stock of the ditch companies, 
and are entitled to and receive their pro rata of the water furnished by 
the same. The following table shows the names and cost of the incorpo¬ 
rated ditches, as shown by the books of said companies, of which this de¬ 


ponent is Secretary, as aforesaid : 

Pioneer Canal.$37,214 21 

Buena Vista Canal. 16,94723 

Stine Canal. 25,122 88 

Calloway Canal (in progress), cost to October 1st, 1877. 14,614 40 


Total 


$93,898 7 2 

























DESERT LANDS. 


85 


Deponent further says that, in addition to the amounts expended on the 
four ranches above named, Messrs. Haggin & Carr have paid out large 
sums of money upon other property not mentioned herein. Deponent 
further says that he is familiar with the improvements made by Messrs. 
Haggin & Carr upon their ranches in Kern County, and that they are of 
the most substantial and permanent character. The buildings erected 
for occupancy by the employees are constructed with a view to comfort 
and fitness, and are the best of their kind. 

The stables, outbuildings and shops of various kinds are as good as 
can be found anywhere in the State. The farm stock, implements, and 
indeed everything necessary to carry on this immense enterprise have 
been selected with care and judgment. 

The ranches above named are provided with fencing as fast as it is 
needed and the work is being steadily carried on. No expense has been 
spared to make this undertaking a success, and the result is most encour¬ 
aging. The large portions of the desert lands, of which these ranches are 
entirely composed, under a perfected system of irrigation have been re¬ 
claimed, and wherever water is used in sufficient quantities abundant 
crops are produced. Without irrigation these lands are valueless for any 
agricultural purpose. The direct benefit of these improvements to the 
State at large, and to Kern County particularly, is most apparent. The 
taxable property has been largely increased, the value of lands reclaimed 
having more than doubled ; and the liberal terms offered settlers will at¬ 
tract a desirable class of population when they become generally known. 

Messrs. Haggin & Carr lease their lands to tenants upon the most favor¬ 
able terms. Tenants are given leases rent free for first year, and seed fur¬ 
nished for said year, by Messrs. Haggin & Carr; the second year the ten¬ 
ants pay one quarter of the crop. These leases are for a term of years, 
and at the expiration of a lease the tenant has the privilege of purchasing 
upon long credit at a fair valuation. Farmers of this county have made 
application for these leases with a view to ultimate purchase, in preference 
to building ditches and making improvements on their own account. The 
work done and improvements made by Messrs. Haggin & Carr required 
a large outlay of capital, and could not have been successfully carried out 
by individuals of ordinary means. 

S. H. Hunt. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 


86 


DESERT LANDS. 


Affidavit of Samuel B. Inman. 


STATE OF CALIFORNIA, 

4 

County of Kern. 


ss. 


Samuel B. Inman, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Geo. P. Theeler and Theo. F. Jerome, which land is situate, 
lying and being in the County of Kern, State of California, and more par¬ 
ticularly described as follows, to-wit: 

The Northeast X of the Northeast X °f Section 34, Township 30 
South, of Range 27 East ; and the East l /> of the Southwest X °f Section 
8, Township 31 South, of Range 26 East, Mount Diablo Base and 
Meridian; that he has been upon said land, and is acquainted there¬ 
with ; and that his knowledge of said land is such as to enable him to testify 
understanding^ with regard thereto ; that said land is very dry and arid; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead tin or copper, or any deposit of coal ; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has examined the map hereto annexed 
signed with his name ; that the ditches are correctly delineated thereon ; 
that he has resided in said county for over six years, and all that time on 



DESERT LANDS. 


8 7 


Kern Island proper ; that he has owned land of as good quality as any 
other lands on the island, and that he has never succeeded in making any 
sort of an agricultural crop on said lands without irrigation ; that he be¬ 
lieves all of said land totally worthless for any agricultural uses or pur¬ 
poses until it is irrigated. 

Affiant further states that if for any cause all the waters of Kern River 
were turned down what is known as “New Kern River,” and no water per¬ 
mitted to flow in the Stine and Buena Vista Canals, the whole country 
lying along said canals would be a perfect desert, desolate and worthless 
to the farmers now owning and residing thereon. 

Affiant further states that he has closely observed the farming opera¬ 
tions in this region of country, and has never known any one to succeed 
in raising an agricultural crop without irrigation ; they have invariably 
failed ; the rainfall here is insufficient to make an agricultural crop ; 
properly and freely irrigated and cultivated, very much of this land is 
very fertile and productive ; after freely irrigating some of his land this 
season, he planted some corn about the ist of July, which has grown and 
matured a fine crop of corn, some of the stalks growing eighteen feet 
high ; a portion of said land adjoining this which affiant was not able to 
irrigate failed entirely, not growing over four feet high and not maturing 
a single ear. 

Affiant further states that the said land first herein named and de¬ 
scribed has not been cultivated by any resident or non-resident, and that 
it does not require any levees to protect it from overflow. 

Affiant further states that he has no interest whatever in any applica¬ 
tion for the location of desert lands. S. B. Inman. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of C. G. Jackson. 


STATE OF CALIFORNIA, ) 

> ss. 

County of San Francisco. ) 

C. G. Jackson being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a civil engineer; that 
he knows the land, and each legal subdivision thereof, described in the 





88 


DESERT LANDS. 


declaration of L. T. Haggin, which land is situate, lying and b<?ing in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The West y 2 and the Northeast X of Section 14,Township 29 South, 
of Range 26 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that 
his knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto ; that said land is very dry and 
arid; that there is not sufficient rainfall upon it at any season of the 
year to produce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that in the year 1866 affiant became interested in 
certain swamp lands in what is known as Swamp Dand District 
No. hi, in Kern County; that being so interested he resided on 
Kern River during the year 1866, and during such residence examined 
the valley lands of said county and observed their condition and quality; 
that in the year 1871 he again returned to said county to look after his 
swamp land interest, the same having during his absence been in charge 
of his father, who was jointly interested with him therein; that during 
the year 1871 he visited the swamp lands, and the high lands, of 
said county and again examined their condition, and compared the same 
with the condition and appearance of said land at the time of his residence 
in said county in the year 1866 ; that since the year 1871 affiant has fre¬ 
quently visited said county for the purpose of looking after his interest 
therein, and has resided there portions of the time with his family ; that 
he has been engaged on various occasions in surveying large portions of 


DESERT LANDS. 


89 


the valley, lands of said county and has had the best opportunity for 
knowing the quality and condition of said lands; that none of the land 
in Kern County in what is known as the San Joaquin or Tulare Valley, 
will, without irrigation, produce any agricultural crop except the swamp 
land, and the swamp land itself requires irrigation after the water has 
been turned off in order to produce a crop; that he and his father at- 
empted to farm on the swamp land in Township 31 South, of Range 
28 East, after the same had been reclaimed from overflow, and 
found it utterly impossible to raise a crop, after having sown the 
same, for want of irrigation; and that farming upon that land 
was a total failure until the same was irrigated by means of the 
Kern Island Irrigation Canal, which is shown on the map hereto annexed, 
as running along the western border of said swamp land; that it is true 
that some of the swamp land in low places will produce without flowing 
water upon the surface, from the seepage obtained from irrigating canals; 
but without such seepage no part of the swamp land would be sufficiently 
moist to produce a crop; that the ditches which have been constructed 
for the purpose of irrigation appear on the accompanying map, and show 
the actual methods which have become necessary in carrying on farming 
in the vicinity of Kern River; that upon what is commonly called “Kern 
Island,” being the land situated south of Kern River and bounded on the 
east, south and west by the swamp lands, and Buena Vista Slough, 
there has been expended in constructing irrigating canals and lateral 
ditches a large sum of money, which affiant would estimate at not less 
than $200,000 or $250,000; that all this expenditure would have 
been useless if there had been sufficient rainfall for agricultu¬ 
ral purposes ; that prior to the construction of these ditches the whole of 
the upland of said island w r as dry and arid and wholly unfit for cultiva¬ 
tion; that the only method whereby the same has been or could have 
been made fit for agricultural purposes was irrigation; that none of said 
land will in any year produce a crop without irrigation, and in speaking 
of this matter affiant testifies from personal observation, and confidently 
asserts that the land on Kern Island, bounded as aforesaid, was incapa¬ 
ble of producing a crop until the same was irrigated; that affiant further 
says that he is also acquainted with the land on the north side of Kern 
River in said county, east of the swamp land, bordering on Buena Vista 
Slough and Tulare Lake, and has frequently passed over the same and 
examined its character and quality; that said land is a level plain, desti¬ 
tute of timber, with a scanty growth of sage-brush on portions of it; that 
no part of it will produce an agricultural crop without irrigation; that 
during the short rainy season a kind of wild grass springs up, which 
furnishes for a time, food for sheep, but as soon as hot weather com- 


90 


DESERT LANDS. 


mences, dries up, and the whole country presents the appearance of a 
dry, arid and desolate plain, which it in fact is; that the only means of 
making said land available is to irrigate the same by expensive ditches 
or canals from Kern River ; that the land when irrigated is exceedingly 
fertile and productive, but without irrigation it is utterly worthless; that 
the rainfall in the upper end of Tulare Valley, where the lands repre¬ 
sented on the accompanying map are situated, is less than in any other 
portion of the State of California west of the Sierra Nevada Mountains; 
that the situation of that portion of the valley is such that the mountains 
on either side so break the storms as to prevent the rains from reaching 
that portion of the valley at times when it rains in other portions of the 
State; and it often happens that heavy rains fall in other parts while none 
fall in that vicinity; that the rainfall is wholly insufficient for agricultural 
purposes, but this portion of the valley has the advantage of Kern River, 
one of the best for the purposes of irrigation in the State. This river rise s 
far up in the Sierra Nevada Mountains, where the snows in winter fall to 
a great depth, and in places remain the entire year. The melting of 
these snows in the spring, and early summer, furnish an abundant supply 
of water. This supply is furnished at the season of the year most re¬ 
quired by farmers, which makes Kern River an exceedingly useful source 
of supply of water for purposes of irrigation; that although the land in the 
delta of Kern River is fertile, and the means of irrigation are more abund¬ 
ant than in other sections of the State, yet the same cannot be irrigated 
without large expenditures of money; that in order to make the irrigation 
of this section of country profitable, or even practicable, it is necessary 
that the persons owning all the land to be irrigated should unite their 
efforts and construct works for the benefit of all; that even with united 
efforts irrigation is expensive; that this land has been surveyed and in the 
market for more than twenty years, is situated in the central portion 
of the State, and the reason why it has not been hitherto occupied was 
not because it was not known that the land was rich, but because it re¬ 
quired so large an outlay of money to reclaim the same that individual 
enterprise was inadequate to the undertaking; that within the last five 
years Messrs. Haggin & Carr, Reddington and Livermore, Phillip Stine, 
Julius Chester, and others have inaugurated and prosecuted the work of 
irrigation with great energy and success, and although they have expended 
in said county from two hundred to three hundred thousand dollars, the 
work ot irrigation has but just commenced, not more than one quarter of 
Kern Island is now irrigated, and only a very trifling amount of land is 
yet irrigated on the north side of said river; that the enterprise of irriga¬ 
ting the land on the north side of said river was undertaken some years 
ago by an engineer by the name of Calloway, but after projecting a large 


DESERT LANDS, 


9 * 


ditch, and prosecuting the work for a time, he was unable to continue the 
same for want of funds; that recently J. B. Haggin and W. B. Carr, hav¬ 
ing purchased the odd sections from the railroad company, have, in con¬ 
nection with others who have entered a portion of the even sections un¬ 
der the Desert Land Law, renewed work upon said canal, which is now 
extended some seven or eight miles from the river, and is being prosecu¬ 
ted at the rate of more than a mile a month. This canal is an important 
work; is eighty feet wide on the bottom and four feet deep, and will con¬ 
vey a large amount of water, and reclaim from the desert a fine section of 
country which has hitherto been an utter waste; that the valley land in the 
vicinity of Kern River is exceedingly fertile when irrigated, producing sev¬ 
eral crops in the same year, and the irrigation itself so fertilizes the land 
that continuous crops can be produced; that irrigated land is much more 
productive than land where sufficient rainfall occurs for agricultural pur¬ 
poses, and this is particularly true of the land in the vicinity of Kern 
River, where the seasons are long and the climate very warm, in fact it is 
extremely hot in the summer season, the thermometer ranging as high as 
one hundred and ten degrees in the shade. This degree of heat, while it 
causes rapid evaporation and makes a large quantity of water necessary 
in agricultural pursuits, is not at all prejudicial to the production of crops 
when the land is sufficiently irrigated; that since the inauguration ot irri¬ 
gation in the vicinity of Kern River, above referred to, the lands in that 
vicinity have risen from a nominal value to fifteen and twenty-five dollars 
per acre; that the swamp land that this affiant owned in connection 
with his father is situated in said Township 31 south, of Range 28 
East,' before referred to, and after the same was reclaimed from over¬ 
flow, was valued at about forty cents an acre, and portions of the same 
character of land in that township and in the township north of it sold 
as low as twenty-five cents an acre ; and a dollar per acre would have been 
a fair valuation for the whole body of swamp land in Townshiips 30 
and 31 South, of Range 28 East, in 1866 and 1867, after the same had 
been reclaimed from overflow, as before mentioned ; that after said land 
was irrigated by means of the Kern Island Irrigation Canal, above refer¬ 
red to, the same could be readily sold at from fifteen to twenty-five dol¬ 
lars per acre. 

Affiant further says that he has known of various attempts to cultivate 
the swamp lands before referred to without irrigation, by others in addi¬ 
tion to himself and his father; that in every instance where such attempts 
were made the same failed for want of sufficient water to produce a crop, 
until said canal was built and water was obtained therefrom, either by 
overflowing the land or by seepage, as before mentioned; that some few 
attempts were also made in early times to raise crops on the uplands ot 


92 


DESERT LANDS. 


Kern Island without irrigation, but in every instance they were failures; 
that among those who made such attempts affiant recollects Reader, Tib- 
bets Brothers, Shirley Brothers and Phillip Stine, all those attempts failed, 
and the parties so attempting afterwards constructed a small canal and 
succeeded in farming the lands, and are now among the most substan¬ 
tial residents of Kern County, and in prosperous circumstances, their ir¬ 
rigated land producing immense crops. 

Affiant further says that he makes this affidavit from extensive personal 
observation and experience, and that he is familiar with the matters 
herein stated. 

And in conclusion he confidently asserts that the uplands of the 
Valley of Tulare and within the limits of Kern County, are desert lands, 
and will not produce any agricultural crop without irrigation. 

C. G. Jackson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of W. F. Jackson. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


Wiliam F. Jackson being first duly sworn deposes and says that he is 
of lawful age; that he is by occupation a liquor dealer; that he has resided 
in Kern County or its present territorial limits off and on during the 
period of twenty-five years. The map annexed hereto signed with the 
name of this deponent, and marked “Exhibit A,” is substantially correct. 
Deponent is familiar with the general features and characteristics of said 
lands marked on said map, and he is acquainted with the agricultural 
capabilities of said lands. 

The lands designated on said map comprise a vast desert plain of uni¬ 
form character, producing no vegetation in its primitive state, except 
scattering sage-brush, and upon portions a short, hardy growth of grass, 
which only grows during the rainy season, and which withers and dies 
under the parching rays of the summer sun. Over the whole of this re¬ 
gion the rainfall is exceedingly light, and is never sufficient to produce 
any agricultural crop upon the barren lands which greedily absorb the 
scanty quantity which falls. The effect of a thoroughly accurate system 
of irrigation upon these lands, such as has been carried out in portions of 




DESERT LANDS. 


93 


Kern County, as laid down on said map, is beneficial in the highest de¬ 
gree, converting barren wastes into highly productive farms. When these 
lands are thoroughly saturated with water, which can only be done by an 
expensive system of irrigation, they produce Large crops and a great 
variety of products, and where the lands are properly cultivated and 
watered in the right seasons they invariably yield handsome ret urns for 
the time and labor bestowed upon them. 

These irrigation ditches have greatly enhanced the value of the lands im¬ 
proved by them for taxable purposes and the result has been a great and 
lasting benefit to Kern County. W. F. Jackson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Walter James. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Walter James, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a surveyor and 
engineer ; that he knows the land, and each legal subdivision thereof, 
described in the declarations of F. J. Powers, and Joseph P. Dyer, which 
land is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to wit : 

The Southeast X °f Section 24, Township 31, South, Range 26 East, 
and the Southwest X °f Section 34, Township 31 South, Rang 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith, and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de- 




94 


DESERT LANDS. 


posit; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that portion 
of San Joaquin or Tulare Valley within the limits of Kern County ; that 
none of said land, except the swamp land, will in an ordinary season produce 
an agricultural crop without irrigation ; that most of the land designated 
as swamp land in that section of country, after reclamation, requires irri¬ 
gation to produce a crop. 

Affiant further says that he has resided in said County of Kern since 
the year 1871, and in the San Joaquin Valley since the year 1868; that 
he is well acquainted with the topography and general characteristics of 
the whole of the lands in said valley; that the rainfall of said valley 
is very scant and uncertain ; that there is much less rain in the southern 
part of said valley than in the northern part, and less on the west side 
than on the east side of said valley ; the rainfall in that portion of the 
valley south of Lake Tulare being less than in any other portion of the 
State, the amount being estimated at from three to five inches per annum 
in said extreme southern portion ; this meagre amount of rainfall and the 
consequent arid and desert character of the last named region is a 
fact well known to the people of the State generally; that periods of 
drouth have occurred further north than this region, when contributions 
of provisions and seed wheat liave been from necessity made to the 
farmers from residents living in San Francisco and in the northern part 
of the State. 

Affiant further states that for the last seven years he has given the sub¬ 
ject of irrigation close attention, and been engaged in surveying, laying 
out and superintending the construction of canals and ditches in said 
southern portion of said valley, and feels perfectly qualified to speak and 
testify as to the results of irrigation and of attempts to cultivate lands here 
without it; that the lands upon which he has been so engaged are shown 
on the map hereto annexed, which map has been compiled mostly from 
his own surveys, and that the same is correct in the main ; that there 
are many minor ditches on said lands not laid down, the scale of the map 
being too small to allow it. 

Affiant further states that when he came to this part of the country in 
1871, there were but few settlers in the valley portion of the country, and 
but few canals or ditches commenced ; none were completed, none had 
headgates except the ditch now completed and known as the Kern 
Island Irrigating Canal ; previous to 1874, affiant was the owner of shares 
in several water locations ; that he became acquainted with all the diffi- 


DESERT LANDS. 


95 


culties of early settlers in developing farms and deriving subsistence upon 
these lands requiring irrigation, and knows of many instances of persons 
abandoning their lands and labor thereon in consequence of these diffi¬ 
culties; not only were the losses in consequence of the imperfect and in¬ 
complete condition of these irrigating ditches such as to make farming 
unprofitable, but in their management there was much bad feeling engen¬ 
dered, often resulting in the use of deadly weapons. 

Affiant further states that in January, 1874, he was employed by Hag- 
gin & Carr to project and lay out a system of canals, for the purpose of 
irrigating the lands in Townships 30 and 31 South, of Ranges 25, 26 and 
27 East, said townships comprising the body of land known as Kern 
Island ; said Haggin & Carr being owners of a large area of land in said 
townships. Entering into arrangements with other settlers and land 
owners in said townships, the said Haggin & Carr advanced the neces¬ 
sary amount of capital to complete the Stine, Buena Vista and Pioneer 
Canals, of sufficient size and capacity to carry the water appropriated and 
claimed by the corporations owning said canals, said corporations being 
composed almost entirely of persons taking up lands under the Pre-emp¬ 
tion and Homestead Laws of Congress ; the Stine Canal was constructed 
at a cost of $25,000, the Pioneer $37,000, and the Buena Vista at a p Ajjt 
of $17,000, all exclusive of side lateral ditches. Since the completio 11 
these canals all the farming operations carried on by means thereof r av e 
produced satisfactory results, enabling the stockholders engaged in P uin ~ 
ing to pay their pro rata of the expense of constructing and maint'i t V ln 8 
said canals ; that the outlay necessary in developing lands requiriifrcr 1_ 
gation is very great, even under an extensive system, amounting anY n 
$5 to $15 per acre, and this outlay must be made in advance oi>ijksy 
return ; that the investment of large sums of money in irrigation wo..',) 
will only be remunerative to the extent of a fair rate of interest after the 
occupation, settlement and cultivation of the lands embraced in the system 
of irrigation, which facts go to show, and the results demonstrate, that it 
is impossible for any considerable extent of country which is incapable of 
producing any kind of an agricultural crop without irrigation, to be de¬ 
veloped and made productive by water, by settlers taking up land under 
the Homestead and Pre-emption Laws. This fact was further demon¬ 
strated by the scheme of O. P. Calloway, who induced a great many per¬ 
sons to take up land along the projected line of his canal, the survey of 
which is indicated on the map herewith. At this time there are but few of 
such persons holding on to these locations, and they are working as 
laborers on the canal, which for want of encouragement was abandoned 
by Calloway, and has since been taken in hand by Messrs. Haggin & 
Carr at their own cost, and who have now a large force at work, and ex- 


g6 


DESERT LANDS. 


pect to have the canal ready for water when the winter rise in the river 
occurs. 

Affiant states that he has been over the lands along the line of said 
canal from the Southern Pacific Railroad to the swamp and overflowed 
lands on Lake Tulare and Buena Vista Slough ; that these lands have 
been surveyed and open to settlement for twenty years ; and that up to 
this time no attempt has ever been made to cultivate any portion of said 
tract of country except in the near vicinity of Kern River ; there are no 
inhabitants thereon, save a few nomadic sheep herders. 

That the said Calloway Canal will cost, when completed and projected 
through said tract of country, not less than $150,000, and will be the 
means of inducing the settlement of over 50,000 acres of land, and add 
greatly to the population, resources and taxable property of the county, as 
the construction of all other canals, completed and partially completed, 
have already done and are doing. 

That the canal known as the Beardsley Canal, the route of which is 
shown on the map hereunto annexed, is on the highest grade line upon 
which it is profitable to carry the water of Kern River; that above this 
grade line there are over 500,000 acres of land, as good in quality as the 
Lands below the Beardsley grade line, which are open forsettlement,and will 
probably remain so for all time for want of water ; that on the small por¬ 
tions of land lying north of Kern River, which have been irrigated simi¬ 
lar in character to the greater portion of the greatest body of land from 
Kerffl. River to Posa Creek, have produced large crops, and demonstrate 
thariruith water for irrigation this whole area can be put under successful 
cut thation. 

^iant further states that he laid out and was present at the construc- 
/ j e ,i of the canals and ditches on the Belle View Ranch, shown on the 
map hereto annexed by dots in red ink, and assisted in the first irrigation 
of said ranch ; that previous to said irrigation the land therein was very 
dry and arid ; that he by calculation estimates the quantity of water ab¬ 
sorbed by the land on said ranch in the first six months of its cultivation 
at four feet in depth over the entire area in cultivation ; that on all por¬ 
tions of the seeded land, upon which the water was not made to flow, the 
crop failed entirely ; and on no portion of said ranch lying higher than the 
ditches thereon, has there ever been, up to the preseut time, any kind of 
crop produced. 

Affiant further states that he is acquainted with every section of land 
on said Kern Island, and each legal subdivision thereof; and that he 
knows of no farming operations carried on, or any land cultivated, without 
irrigation by any person whomsoever, and he knows of but one attempt of 
the kind which was not an entire failure. 


DESERT LANDS. 


97 


That he knows of many instances of crops being planted in anticipa¬ 
tion of the completion of ditches to irrigate the same, which ditches not 
being completed, such crops failed entirely; nearly every farmer on Kern 
Island has had this experience in the failure of crops. 

That in the vicinity of Bakersfield there is a considerable area of land 
which was, previous to its cultivation, covered with a dense growth of 
weeds willows and cottonwoods; said land being low and near the 
river, and traversed by many running sloughs and irrigating ditches, and 
at this time and at all times since said lands have been cleared and 
brought under cultivation, it has been necessary to irrigate them to cause 
them to produce crops ; and that at this time said lands are supplied by 
numerous irrigating ditches, which are used to irrigate these lands each 
year ; that there are but few pieces of land on Kern Island moist enough 
to keep alfalfa in growing condition, and in each and all of such instances 
this moisture is dependent upon seepage from some one of the irrigating 
canals near the land or some slough used as an irrigating ditch, or from 
the excessive irrigation of adjacent lands. 

That the swamp and overflowed lands, in Swamp Land District No. 
h i, lying in Townships 30 and 31 South, of Range 28 East, at one time 
almost entirely covered with water, now that they have been reclaimed, 
require as much irrigation as any other lands on said Kern Island. 

Affiant further states that Messrs. Haggin & Carr have expended large 
sums of money, in addition to the amounts expended on canals and 
ditches, to encourage the growth and settlement of the country ; that 
under the management and control of a Superintendent of great practical 
skill, experience and scientific knowledge they have made experiments in 
the introduction and cultivation of various kinds of agricultural crops 
thought to be adapted to the soil and climate, and have at great loss and 
expense brought to the country improved cattle of all kinds ; that they 
have demonstrated the value of lands generally thought worthless and 
caused them to produce abundant crops. 

That said firm of Haggin & Carr are leasing their lands (with water) at 
this date on the most favorable terms, to-wit: Lease to run for six years 
from date, building for each family a house of five rooms, barn, well and 
pump, and constructing the main ditches on to the land, furnishing feed and 
seed necessary for the first crop; first year free of rent, and charging for 
the following years one-fourth of the crop raised, and in many instances 
furnishing subsistence for one year, with the privilege of purchasing the 
land at any time during the term of the lease at a fair valuation on long 
credit; many persons are able to take the land and lease on these terms 
and make a good livelihood, who are not able to make a settlement and 

£ 


93 


DESERT LANDS. 


with water prefer to lease lands on these terms, not having means to con¬ 
struct ditches to their own lands. 

Affiant states further that statements have been made at the solicita¬ 
tion of designing persons referring to small portions of land on Kern 
Island affected by adjacent irrigation as hereinbefore described, exten¬ 
sively circulated for the purpose of creating false impressions, and cause 
them to be applied to the most if not all the Kern Island lands by well 
meaning persons ignorant of their character ; these enormous statements, 
omitting the fact that these small pieces of land are within the swamp 
land lines, or very near them, and that such opinions or statements will not 
hold good or apply to any parcel or tract of land on Kern Island located 
as desert land.* 

Affiant further states that he has marked around the tracts of land, first 
herein set forth and described, lines in ink on the map herein referred to, 
and which is signed with his name, to designate the same more particu¬ 
larly ; that none of said tracts or parcels of land so described and desig¬ 
nated have ever been cultivated by any person or persons resident or 
non-resident, and that said lands do not require any levees to protect 
them from overflow; that they are entirely worthless for cultivation with¬ 
out being freely overflowed and irrigated. 

Affiant further states that he has no interest, direct or indirect, now, or 
in the future in any application for the location of any desert land ; and 
further saith not. Walter James. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of H. A. Jastro. 


STATE OF CALIFORNIA, \ 

> SS. 

County of Kern. ) 

H. A. Jastro, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
and State aforesaid ; that he has resided in said county over seven years, 
and has been engaged in farming for the last five years. 

Affiant further states that he is well acquainted with the character of 
the lands shown on the map hereto annexed, and signed with his name, 
lying on the north side of Kern River and north of the segregated line of 


*See explanatory affidavit of Walter James further on. 







DESERT LANDS. 


99 


living on the public domain ; and persons owning lands not supplied 
swamp and overflowed lands, as far as the east line of Range 23 East ; 
that his business has required him very often to ride over the said lands. 

Affiant further states that all of said land is dry, arid, sandy, desert 
land, totally unfit for the cultivation of agricultural crops in its natural 
state ; that since the date of his residence here there has been no rainfall 
sufficient to grow and mature an agricultural crop on said lands ; that 
said land has lain vacant all that time, except a few pre-emptions near 
the Kern River made within the last three years, where it was possible to 
get water for irrigation purposes. 

Affiant states that none of said land requires protection from overflow 
by levees, unless it be a portion of the land lying in the slough near the 
river opposite Bakersfield, in said county; that he knows of no one who 
has attempted to cultivate said lands or any part of them without irriga¬ 
tion ; that it would be folly to undertake it; that the most of said land is 
of good quality, and all that he knows that has been cultivated and irri¬ 
gated is fertile and productive. 

Affiant states that he has no interest, directly or indirectly, in any appli¬ 
cation for the location of desert lands Henry A. J astro. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in offi- 
davit on page 1. 


Affidavit of Thos. B. Jeffrey. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Thos. B. Jeffrey being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Z. Burdsall, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

The North ]/ 2 and Southeast and the Southwest l /oi Section 22, 
Township 28 South, of Range 24 East, Mount Diablo Base and 
Meridian ; that he has been upon said land, and is acquainted therewith; 
and that his knowledge of said land is such as to enable him to testify 
understanding^- with regard thereto ; that said land is very dry and arid ; 




IOO 


DESERT LANDS. 


that there is not sufficient rainfall upon it at any season of the year to pro¬ 
duce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal ; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit ; that no 
portion of said land is claimed for mining purposes under the local cus¬ 
toms or rules of miners or otherwise ; that no portion of said land is 
worked for minerals during any part of the year by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that the said lands of applicants have never been 
cultivated by any one within the knowledge of affiant, nor do they require 
the construction of levees to prevent the same from overflow; that he has 
examined the lands designated on the annexed map of a part of Kern 
County, California by him subscribed; that the same outside the swamp 
lands thereon are of the same general character, dry, arid plains that are 
of no agricultural value without irrigation. Thos. B. Jeffrey. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Philo D. Jewett. 


STATE OF CALIFORNIA, 

County of Kern. 

P. D. Jewett being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Robert Lucas, Jr., which land is situate, lying and being 





DESERT LANDS. 


IOI 


in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to-wit : 

The Southeast X °f Section 30, Township 27 South, of Range 26 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understanding^ with regard thereto; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that' he has been a resident of said Kern County 
for sixteen years last past ; that he has been engaged in farming and 
stock raising in said county during all of said time. That the lands 
designated on the map hereto attached and signed by him (as a part of 
the County of Kern), except the said swamp lands, are incapable of pro¬ 
ducing crops without irrigation, and that the said lands are unfit therefor, 
and would be entirely untenantable, dependent upon the natural rainfall. 
That all attempts to cultivate the said desert lands without irrigation 
have entirely failed. That the reclamation of said desert lands involves 
the expenditure of a large amouqt of capital; that he is familiar with the 
system of ditches constructed in said county for irrigating purposes, and 
the value of said lands has been enhanced only by the construction of 
such ditches, and the said lands have been doubled in value since the 
construction of said ditches. That without such irrigation affiant verily 
believes the said lands would be almost worthless for agricultural pur¬ 
poses. That in such instances where said lands have been irrigated they 


102 


DESERT LANDS. 


have produced large and valuable crops, and frequently two valuable 
crops a year, and without which the said lands would be unproductive. 

That the said lands have been surveyed for about twenty years, and 
have remained vacant, and affiant verily believes that no attempts to en¬ 
ter the same under the pre-emption or homestead laws have been made, 
excepting with a view to procure water thereon by irrigating ditches. 

That there have never been any levees constructed to protect the said 
desert lands from overflow, within the knowledge of this affiant. 

That affiant is familiar with all the lands designated on said map be¬ 
tween Kern River and northerly to the Sixth Standard ; and that the same 
is a dry, arid plain, and entirely worthless for agricultural purposes, and 
would not produce an agricultural crop of any kind, without irrigation. 

Philo D. Jewett. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Thomas J. Keys. 


STATE OF CALIFORNIA, ) 

> ss. 

County of San Francisco, ) 

Thos. J. Keys, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of Patrick Conolly, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The North l / z of the Southeast X °f Section 12, Township 29 South, 
of Range 26 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that his 
knowledge of said land is such as to enable him to testify un- 
dcrstandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation; that said land is not timber land, and that there 
is not to his knowledge, within the limits of said land, any vein or lode of 





•DESERT LANDS. 


103 


quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise ; that no portion 
of said land is worked for minerals, during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in San Joaquin Valley twenty- 
five years last past. That for the past three years he has been employed 
by J. B. Haggin and W. B. Carr in conducting and managing portions of 
their land in Kern County on what is known as Kern Island. That he 
had particular charge of the farm on Sections 3, 4, 5, 8, and 9 
in Township 30 South, of Range 27 East, enclosed within red marks 
on the accompanying map. That he also had charge of the farm on Sec¬ 
tions 10, 11, 14 and 15 in Township 31 South, of Range 25 East 
also enclosed in red lines on said map. That on the first named 
farm he has planted and reaped three crops. That the first year he lost 
a large proportion of his crop for want of sufficient water to irrigate the 
land. That that farm embraces some of the best land in Kern County, 
there being none superior to it. That no part of it will, without irriga¬ 
tion, produce an agricultural crop of any kind. That he makes this state¬ 
ment from actual knowledge acquired by his own experience in farming 
on said land. That in every instance his crop failed whenever there was 
not sufficient water to properly irrigate the land. That he also broke up 
and planted a portion of the last named farm, known as the “ Lake 
Ranch,” which lies near to and adjoining Buena Vista Lake, and on the 
low lands. That on that land he failed to produce a crop for want of irri¬ 
gation ; and that it will not produce any agricultural crop without irriga¬ 
tion. That he planted trees thereon, of different kinds ; and that all those 
that were not irrigated died. That those that were irrigated lived. He 
states that the map attached to this affidavit is substantially correct, and 
shows the different branches of Kern River and the different irrigating 
ditches that have been taken out of the same. That no man, in his opin¬ 
ion, will attempt to produce an agricultural crop on any part of that land, 
without irrigation, and he does not believe that any man can do it. 

He further says that in the spring time these ditches run full of water, 


DESERT LANDS. 


104 

and within his knowledge there has been as much as several feet of water 
put on the first named farm before it was sufficiently moistened to pro¬ 
duce a crop. That the ditches have carried and emptied large quantities 
of water upon it for months at a time, and that without such water no crop 
could have been produced. That on much of the lands in Kern County 
where alfalfa has heretofore been growing the same is now dying for want 
of water. 

Affiant further states that he is familiar with the lands north of Kern 
River, as shown on the accompanying map, and particularly those lying 
west of the railroad line. That all of said lands are dry and barren, pro¬ 
ducing nothing but sage brush, and in winter time, where such sage brush 
does not grow, short grass, not over two or three inches long, good for 
sheep as long as mild weather lasts, but is soon burnt up and destroyed 
by the heat. 

That there are no habitations or dwellings thereon except near Kern 
River, where the land has been irrigated, and except a few scattering 
huts, usually occupied by sheep herders. That there are no trees or tim¬ 
ber on said land. That none of it will produce a crop without irrigation. 
That affiant has been over most of it and knows its character, and is able 
to testify intelligently thereto. 

Affiant further states that he has conversed with old settlers and resi¬ 
dents of Kern County, and with persons who have been there from the 
earliest settlement of the county, and all agree that no one has been able 
to produce a crop without irrigation. That he has heard from the early 
settlers of a few attempts to produce crops without irrigation, but in every 
instance such attempts were failures. 

Affiant further states that he is familiar with the rainfall in this section 
of country, and that it is not sufficient to produce an agricultural crop 
in any ordinary season, and is less than in any other portion of the State 
west of the Sierra Nevada Mountains. 

That the climate there is extremely hot and dry, the thermometer in 
the summer time ranging as high as one hundred and ten degrees in the 
shade. 

That large amounts of money are being expended and large amounts 
have been expended in constructing and building ditches for irrigation. 
That the reclamation of said land on the north side of Kern River was so 
expensive, that although it has been surveyed and open for settlement and 
pre-emption for twenty years or more, it remained unoccupied at the time 
of the passage of the Desert Land Law. That nothing will render said 
land available except a vast expenditure of money in building ditches for 
irrigation. 

That affiant further states that said J. B. Haggin and W. B. Carr own a 


DESERT LANDS. 


large quantity of land, to wit, many of the odd sections shown on said 
map. That he has been employed by the said Haggin & Carr not only 
to farm upon the said lands, as above stated, but a part of his business 
has been to invite settlers to occupy lands of said Haggin & Carr. That 
for the purpose of inducing settlers to occupy the land, they have been, 
and are, offering to build houses and barns, and sink wells, and irrigate 
the land, and give the parties occupying the same rent free for the first 
•year, and where the settlers have not the means, also to furnish seed; and 
after the first year to divide the crop, allowing the settlers three-fourths on 
such division, with the further privilege to such settlers of purchasing the 
lands at any time at a fair valuation. That a large number of persons 
have already gone upon these lands upon the favorable terms offered, pre¬ 
ferring to do so to locating unoccupied lands in sections of country not 
requiring irrigation, or to attempt to irrigate other lands at their own ex¬ 
pense. In fact, the cost of building ditches for irrigation is so great that 
it requires a larger outlay of capital than ordinary men can command, 
and where isolated portions are attempted to be irrigated the expense of 
constructing ditches for such purpose far exceeds any possible value that 
the land can ever reach after irrigation. 

Affiant further says that Kern River rises in the mountains to the east 

of this valley, where there is in winter an abundance of snow. That in 
the spring of the year the melting snows make an abundant stream of 

water, and that all this water can be utilized to render a large body of this 
desert land extremely productive, but that it requires a vast amount of cap¬ 
ital and energy to do it. That there are already engaged in that business ex¬ 
perienced engineers and an abundant capital. That this section of coun¬ 
try could never have been made available under the homestead and pre¬ 
emption laws. That those laws are not applicable to the condition of this 
land. Settlement and cultivation being the preliminary steps required 
thereby, and it being impossible until after irrigation to live upon the land, 
no title can be acquired thereto under any honest administration of the 
existing Homestead and Pre-emption laws. 

That the ditches taken out on the south side of Kern River, as shown 
on the accompanying map, have already cost more than two hundred 
thousand dollars, and none of them are completed. This money would 
not have been expended if the land would have produced a crop without 
irrigation. T. J. Keys. 

STATE OF CALIFORNIA, ) 

> ss. 

City and County of San Francisco. ) 

I, Thomas H. Reynolds, Clerk of the Twelfth Judicial District Court 
it being a Court of Record and having a Seal, do hereby certify that the 



io6 


DESERT LANDS. 


foregoing affidavit was subscribed and sworn to before me by T. J. Keys 
on this 4th day of October, A. D. I877, and I do further certify that said 
affidavit was read to the said T. ,J. Keys previous to his name being sub¬ 
scribed thereto ; and that deponent is a respectable person, to whose affi¬ 
davit full faith and credit should be given. 

In witness whereof, I have hereunto subscribed my name and 
j seal | affixed the seal of said Court, this 4th day of October, A. 
—' D. 1877. Thos. H. Reynolds, 


County Clerk of the City and County of San Francisco, and ex-officio 
Clerk of the Twelfth Judicial District thereof. 


Affidavit of M. F. Taylor. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, ) 

M. F. Taylor, being first duly sworn, deposes and says that he is a citi¬ 
zen of the United States, and a resident of the County of Kern, State of 
California, and that he is of lawful age. That his present occupation is 
that of Superintendent of Key’s Ranch, comprising Sections 3, 4, 5, 8 and 
9 in Township 30 South, of Range 27 East, Mount Diablo Base and Me¬ 
ridian ; that all of said land is situated in the County of Kern, State of 
California, and that the said land is correctly delineated upon the map 
annexed hereto, and accompanying the affidavit of Thomas J. Keys, and 
that it is the same land enclosed within the red lines drawn upon the said 
map in ink. 

Deponent further says that he has had charge of said Keys Ranch for 
Messrs. Haggin & Carr, as Superintendent, since the 1st day of Febru¬ 
ary, A. D. 1877. 

Deponent further states that he has read the affidavit of Thomas J. 
Keys, to which this affidavit is annexed, and that all the facts stated in 
said Keys’ affidavit are within the knowledge of this deponent so far as 
they relate to the Keys’ Ranch, and that the said facts are truly stated 
therein. 

Deponent further states that he is familiar with the soil of said Keys’ 
Ranch, and that he knows the climate of said section of country, and this 
deponent verily believes that the land upon said ranch is unfit for any 
agricultural purpose without irrigation. 




DESERT LANDS. 


107 


The Iveys’ Ranch is located between Old and New Rivers, and is as 
favorably located as any other land lying in its vicinity. In every in¬ 
stance where crops have been planted upon the Keys Ranch they have 
failed to mature without irrigation. The rainfall this season has been in¬ 
sufficient to produce a crop, and deponent very believes that the ordinary 
rainfall of any season is insufficient to produce a crop. 

A portion of the Keys’ Ranch was seeded in alfalfa and barley about 
one month before this deponent took charge of said ranch ; about one 
month after this deponent took charge of said ranch the irrigation ditch 
was completed to the parcel of land theretofore seeded in alfalfa, and this 
deponent caused the water to be turned on to said parcel of land, and al¬ 
lowed it to run thereon until it reached a depth of at least one foot over 
the whole surface of said land so seeded ; that before the irrigation the 
grain had not generally sprouted, and twice since, and after cutting the 
barley, the same land required irrigation to prevent the alfalfa from dy¬ 
ing out. 

This deponent further states that a portion of section three on said Keys 
Ranch was plowed and seeded with barley in the month of February, 
1877 ; that at least one month elapsed before the irrigation ditches which 
convey water to this land were completed ; that during this month the 
barley so planted had failed to sprout. That the land so planted was irri¬ 
gated about one month after seeding, and the grain then came up and 
produced a fine crop. The land immediately hereinbefore described is 
only separated from Old River by a fence and the county road. Corn 
planted on portions of the same section cameTip without irrigation, but 
owing to the fact that water was put upon the land too late a portion of 
the crop wilted and died. That portion of the corn which was irrigated 
in time produced a handsome yield. 

A portion of the ranch under the charge of this deponent, as Superin¬ 
tendent, was planted in barley during the winter of 1877, and after irriga¬ 
tion a fine crop of barley was harvested therefrom ; the same land was 
then plowed and planted in corn about the last of June in the same year ; 
the corn so planted did not come up until it had been irrigated, when it 
did sprout and mature into a fine crop. 

During the year 1877, and in the winter of said year, a large number of 
live cottonwood and willow posts were planted upon various portions of 
the said Keys’ Ranch. That almost without an exception the posts which 
were not irrigated in time withered and died, whilst those which were 
kept alive and are now living were only saved by constant irrigation. 

Upon the Keys’ Ranch large amounts of money have been spent in im¬ 
provements of various kinds. Large irrigation ditches have been con¬ 
structed on said ranch, which intersect each other at various points. 


io8 


DESERT LANDS. 


These ditches have been built at great expense, and are only kept up at 
considerable outlay. 

The buildings, machinery, and all the appurtenances of said Keys 
Ranch are of the best description, and constructed with a view to perma¬ 
nence. 

Deponent further says that after a close observation of the ranch 
upon which he now resides, as well as of all the other ranches he has 
visited in this section of the country, he is convinced that they are all 
perfectly worthless for any agricultural purpose without irrigation, and 
deponent would not take any of said ranches as a gift, if compelled to 
gain a livelihood thereon by cultivating the same, if the means of irriga¬ 
tion were cut off. 

Deponent further states that he has never taken up any land under the 
Desert Land Act; and that he has no interest whatever in any desert 
l an d. M. F. Taylor. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of H. L. Lambert. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


H. L. Lambert being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer and stock 
raiser; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of C. R. Greathouse, which land is situate, 
lying and being in the County of Kern, State of California, and more par¬ 
ticularly described as follows, to wit: 

All of Section 26, Township 28 South, of Range 25 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith, and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is, in fact, 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 




DESERT LANDS. 


109 

that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the la nd covered by the declaration 
of the said C. R. Greathouse aforesaid, and the exterior bounds thereof; 
that there are no settlers thereon and no part of said land has been culti¬ 
vated and the same is not subject to overflow, nor is the same protected 
by dams, ditches, levees or canals, or in any artificial manner; that he 
has been a resident of Kern County continuously for five years; that he 
has examined the map appended hereto, marked with his name, and the 
same he believes correct; that he knows the land delineated thereon, and 
all the said land without the boundaries of the land laid down as swamp 
and overflowed is desert land, more particularly that lying north and 
west of the west branch of Kern River. 

By reason of my occupation as stock man I have had occasion to 
visit, pass over and examine said land at various seasons of the year for 
several years ; that for eight or ten months of every year said land is a 
dry, dusty, desert plain, fit for and producing nothing, excepting following 
the rain of winter, when a scant growth of grass springs up, but the same 
dies or dries up by May 1st of each year; that none of said land is fit for 
agricultural purposes, or will the same produce any crop without reclama¬ 
tion by irrigation, and continued irrigation from sowing seed till maturity 
of the crop; that by irrigation said lands can be made very valuable, but 
such reclamation will require large capital or colonial union of labor. 
Said lands will lay a desert forever unless reclaimed by irrigation by arti¬ 
ficial means, save and excepting the lands along and north of Posa 
Creek. H. L. Lambert. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


no 


DESERT LANDS. 


Affidavit of Andrew Lennox. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Andrew Lennox, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California; that he is by occupation an sheep 
raiser; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declaration of Charles C. Bemis and E. D. Farrington, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to wit: 

The South %. of the Southeast % of Section 24, and the Northeast X 
of Section 32, all in Township 30 South, of Range 27 East, Mount 
Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or load of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is 

not within the limits of said land to his knowledge any placer, cement 
gravel or other valuable mineral deposit ; that no portion of said land is 

claimed for mining purposes under the local customs or rules of miners 
or otherwise] that no portion of said land is worked for minerals during 

any part of the year, by any person or persons ; that said land is essen¬ 
tially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the lahd, 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County con¬ 
tinuously since the month of October, 1870, a period of seven years ; that 
during this time he has been engaged in the business of raising sheep for 
himself and other parties. 

Deponent further says that he has examined the map attached to this 



DESERT LANDS. 


m 


affidavit, marked “Exhibit A,” and bearing this deponent’s signature, and 
that the said map is correct. 

That portions of Kern County lying south of Kern River, as delineated 
on said map, are peifectly well known to this deponent. He has traveled 
over every section of said land and is particularly and accurately familiar 
with it all ; so much so that he could at any time go upon and point out 
any section of Said land which might be named. 

That portions of the land delineated on said map as lying north of Kern 
River, deponent has also a general knowledge of, having traveled over 
the same at various times during his residence in said county, for the 
purpose of a critical examination of said lands, with a view to locating 
portions of said lands which might be found upon examination to be de¬ 
sirable. 

This whole section of country is a vast, dry, arid and unproductive 
plain, utterly worthless for any agricultural purpose without a thorough 
and expensive general system of irrigation, and such a system as will 
secure a sufficiency of water to thoroughly saturate the ground. All of 
this land is emphatically desert land, and no sane man would attempt to 
farm any of said land without the assurance of such a system of irrigation 
as that hereinbefore described. 

Referring to that portion of Kern County shown on said map as lying 
west of Township 29 South, of Range 27 East, and north of the margin of 
Kern River and between that and Posa Creek, and between the railroad and 
the west line of said map, deponent says that for the distance of twenty 
miles north of said river there is but one resident and he ekes out a sub¬ 
sistence by attending a small herd of sheep ; that the person alluded to 
does not raise, or even attempt to raise, any sort of grain or any agricul¬ 
tural product whatever ; that said land, and the whole thereof, is not 
less than 150,000 acres. 

This vast body of land has been examined repeatedly in the interest ot 
parties who contemplated obtaining titles thereto, but so utterly worthless 
was the whole tract considered that all attempts to obtain the government 
title were abandoned when the worthless character of the land became 
known. 

It is a well established fact that the annual rainfall is less on this vast 
solitude than in any other portion of the State. 

A few miserable shanties are scattered about over this region, which are 
only inhabited in the winter season and at times by migratory sheep herders, 
who drive their sheep on it for the sake of allowing them to gain a scanty 
subsistence from the scattered sage brush and hardy grass which springs 
up during the rainy season. This grass is so light and poorly rooted that 
it is frequently blown up and carried off after the rains have ceased to fall. 


112 


DESERT LANDS. 


This migratory grazing of sheep is only done upon grass grown during 
wet weather, and for a few months in the year. 

In the winter of 1873 and ’74, this deponent attempted the cultivation 
of a very small portion of this land, with the result hereinafter shown. 
The place where this experiment was tried was about twelve acres on Sec¬ 
tion 10, Township 29 South, of Range 28 East, as shown on said map. 

The area selected was situated so that it might receive the benefit of 
the rains which emptied from the mouth of a small canyon, which were 
turned upon the portion seeded in barley. The land was plowed in the 
winter of 1873, and the grain planted after the first rain fell, which was a 
very favorable time. The rainfall for that season was at least as great as 
during other years, at least a fair average, and this grain, by reason of the 
water which was turned upon it from the canyon mentioned, received more 
water than it otherwise would have done. The result was that the grain 
came up, grew to the height of four or five inches, when it withered and 
died for want of moisture, thus practically demonstrating that the best of 
these lands are entirely worthless without irrigation. 

At another time this deponent and a man named Duke undertook 
another farming experiment upon these lands, under the expectation that 
an irrigation ditch would be finished to the part attempted to be farmed by 
the time water was required. The location of this experiment was Sec¬ 
tion 29, Township 28 South, of Range 27 East, as shown upon the accom¬ 
panying map. The land was plowed and ready for seeding, the teams, 
seed, implements and everything necessary to commence planting were 
upon the ground, when it was discovered that the ditch which the parties 
relied upon could not be made available to irrigate the land, whereupon 
the project was abandoned, as the parties knew that without water the 
seeding would be a profitless undertaking. 

This deponont further says that he has been an eye witness and a close 
observer'of the beneficial effects produced upon this desert land by means 
of irrigation. With thorough irrigation crops of all kinds appropriate to 
the climate are produced in great abundance, and when the irrigation has 
been thorough and water abundant, this deponent has never seen a fail¬ 
ure made. This whole country without irrigation is, and would remain, 
a barren desert ; with irrigation it can be made one of the most valuable 
and productive regions of the State. 

Deponent further says that the accompanying map contains a correct 
delineation of the main irrigation ditches constructed by the land owners 
in this section, but it does not show the numerous cross ditches which 
have been built by the same parties. These expensive irrigating ditches 
constructed at a very large expense by their owners would not have been 
built if their necessity had not been demonstrated by actual experience, 


DESERT LANDS. 


“3 

and it is the universal opinion of the residents of this section that without 
irrigation this whole country would not be of the least value to any one 
for purposes of agriculture. By the large outlay made upon these irriga¬ 
tion ditches, the land benefitted by them has been greatly enhanced in 
value, and the taxable and actual value of the land has been more than 
doubled, being a great benefit to the country and State. 

Andrew Lennox. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 

* t 

V 


Affidavit of A. T. Llghtner. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

A. T. Lightner, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a Deputy Sherff; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Patrick Connelly and J. T. McQuade, which land is situate, 
lying and being in the County of Kern, State of California, and more 
particularly described as follows, to-wit: 

The North X of the Northeast X> and the North % of the Southeast 
X of Section 12, Township 29 South, of Range 26, East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said land 
is very dry and arid ; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is 
not to his knowledge, within the limits of said land, any vein or lode 
of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 





DESERT LANDS. 


114 

of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said County of Kern 
ever since its organization as a county, and of the territory embraced in 
the lines of said county for FT period of about seventeen years; that he 
has examined the map anne^U hereto marked and signed with his signa¬ 
ture ; that he believes said l^ap to be substantially correct; that he is ac¬ 
quainted with all the lands embraced in said map, and has been for 
many years; that all of said lands outside of the lines bounding the 
lands segregated as swamp and overflowed are desert lands, they 
produce nothing in their wild state excepting sage brush, and fol¬ 
lowing the rainfall of the winter season a scanty growth of alfiler- 
illa grass that seldom attains a height of more than two inches, and 
is never high enough or thick enough to be mown for hay. Said grass 
is short lived, drying up, or dying, by the first or middle of May, leaving 
said lands a dry, arid, desert and dusty plain for eight or ten months of the 
the year; that during my long acquaintance I have never known a crop 
to be produced on any of said lands without irrigation by artificial means,' 
and I know of my own knowledge that none of said lands will produce 
any crop without irrigation. I am well acquainted with the lands in the 
vicinity of the canals and ditches as laid down on said map, and knew 
them for many years before the making of said ditches; that they were 
then desert and valueless, until they were reclaimed by irrigation, and 
now by the cbpious use of water they have become very valuable, pro¬ 
ducing large crops of various kinds; that none of said lands are of any 
value unless they be reclaimed by a system of irrigation requiring aggre¬ 
gated capital and labor, and much time. A. T. Lightner. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


US 


Affidavit of j. F. Linthicum. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. F. Linthicum being first duly sworn deposes and says that he is of 
lawful age; that he is a citizen of the United States and a resident of 
Bakersfield, Kern County, California; that he is the editor and proprietor 
of the Kern County Gazette , a newspaper published in said county; that 
he has resided in Kern County for two years, and that during his residence 
in said county he has made it his business to become familiar with the 
facts concerning the general characteristics and agricultural capabilities 
of the lands of said county, together with other facts of general inter¬ 
est concerning said county, with a view of publishing said facts, and thus 
inducing immigration and aiding in the speedy development and im¬ 
provement of said county. 

That the map annexed to this affidavit, marked “Exhibit A,” and 
bearing the signature of this deponent, is substantially correct; that de¬ 
ponent is familiar with the general character of the lands delineated upon 
said map, and that he has observed the beneficial effects produced by ir¬ 
rigation upon the lands which have been so improved. The irrigation 
ditches represented on said map have been of immense benefit to the 
section of country through which they have been constructed, converting 
barren lands into fine and productive farms. In their primitive state, 
these lands are of no value for agricultural crops and produce no vegeta¬ 
tion, save on some portions a hardy stunted grass is grown, fit only for 
grazing purposes. This grass only grows during the brief winter season, 
and soon withers and dies when the rainy season ceases. Sage brush 
grows on some portions of these lands, which is of no value for any pur¬ 
pose. The rainfall of this section is very limited and never sufficient to 
mature a crop on these barren lands. A thorough, practical and expen¬ 
sive system of irrigation, such as has been projected and carried out in 
some portions of the county, is the only way in which these lands can be 
rendered fit for cultivation. When so irrigated and properly farmed the result 
is invariably the production of valuable crops of almost any description. 
By means of irrigation the taxable property of the county has been largely 
increased and the general benefit greatly promoted; worthless lands have 
been converted into valuable farms, and large sections of country, origin¬ 
ally uninviting are now opened up for the settlement of a farming com¬ 
munity. 

Deponent further states that he has no interest, direct or indirect, in 



n6 


DESERT LANDS. 


any application for land under the law of Congress known as the Desert 
Land Act. b F. Linthicum. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of L. L. Mann. 


STATE OF CALIFORNIA, 

County of Kern. 

L. L. Mann, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declarations of Harry L. Tevis, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to wit : 

The North % of Section 4, Township 29 South, of Range 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith ; and that his knowledge of said land 
is such as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County, 
lying on both sides of the railroad for several miles, and on as far as De- 





DESERT LANDS. 


117 

lano : that none of said land, except the swamp land, will in an ordinary- 
season produce an agricultural crop without irrigation. 

Affiant further says that he has resided in the county aforesaid for the 
last five years, and at his present home on the northwest X of Section 18, 
Township 29 South, of Range 28 East, for the last two and one-half 
years ; that a portion of said last named tract lies in what is called the 
river bottom of Kern River, and that portion will not produce an agricul¬ 
tural crop without irrigation ; that the lands referred to by him are cor¬ 
rectly shown by the map hereto annexed and signed with his name; that 
he has designated the first described tract of land herein by drawing red 
ink lines around the same, so as to point out the same more particularly. 

Affiant further states that all of the lands along said railroad and for 
several miles on each side, as hereinbefore spoken of, are of the same 
description, and bear the same characteristics as said first named 
tract, only being further removed from the source of water supply and 
more difficult to irrigate in consequence of such distance ; that none of 
them are fit for cultivation for agricultural uses until irrigated; that irri¬ 
gation canals and ditches to any land described as aforesaid are of a cost 
of money beyond the means of ordinary settlers. 

Affiant attempted to cultivate his own land without irrigation and failed 
to produce an agricultural crop ; that since he obtained water to irrigate 
his said land, he has found his land to be exceedingly fertile, and produc¬ 
ing this year highly remunerating crops when it was before worthless for 
all agricultural purposes. 

Affiant further states that no one resident or non-resident has ever cul¬ 
tivated said first named tract, and that it does not require any levees to 
protect it from overflow. 

Affiant further states that he has no interest, direct or indirect, in any 
application for the location of desert lands. L. L. Mann. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Adavit of W. C. Marley. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

W. C. Marley, being first duly sworn deposes and says that he is of law¬ 
ful age, a citizen of the United States, that he is by occupation a mer- 




n8 


DESERT LANDS. 


chant, and that he has resided in Kern County for a period of three years, 
and that he resides in the town of Bakersfield. 

Deponent is familiar with the section of country described on the map 
attached hereto, which said map is marked “Exhibit A,” and signed with 
the name of this deponent, and the said map is substantially correct. 

The section of country described on said map is a vast, arid plain, unfit 
for cultivation, in its primitive state, and producing no vegetation, save 
worthless sage brush and a species of heavy short grass known as alfiler- 
illa, which grows on portions ot said lands during the rainy season, but 
withers and dies during the hot, long summer months The natural rain¬ 
fall of this season is exceedingly meagre, and is never sufficient to pro¬ 
duce any sort of an agricultural crop on these desert lands. 

With irrigation these lands become exceedingly productive and valuable. 
In portions of Kern County valuable and expensive irrigation ditches have 
been built, which have greatly improved the country, converting desert 
wastes into smiling farms and adding largely to the taxable wealth of the 
county. 

Deponent has no interest in any application for land under the Act of 
Congress, known as the Desert Land Act. W. C. Marley. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of A. C. Maude. 


STATE OF CALIFORNIA, } 

> ss. 

County of Kern. ) 

A. C. Maude being of lawful age and first duly sworn deposes and 
says, that he is a citizen of the United States and a resident of the 
County of Kern, and State of California; that he is by occupation a real 
estate agent ; that he knows the land, and each legal subdivision thereof, 
described in the declaration of Joseph A. Pickens, which land is situate, 
lying and being in the County of Kern, State of California, and more 
particularly described as follows, to-wit : 

The North ]/ 2 of the Northeast X of Section 22, Townshp 29 South, 
of Range 26 East, Mount Diablo Base and Meridian ; that he has 
been upon said land, and is acquainted therewith, and that his knowl¬ 
edge of said land is such as to enable him to testify understand- 




DESERT LANDS. 


119 

ingly with regard thereto ; that said land is very dry and arid ; that there 
is not sufficient rainfall upon it at any season of the year to produce a 
crop; that it is desert land, and will not produce without irrigation any 
agricultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit ; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise ; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Bakersfield, County of Kern, 
State of California, for the last four or five" years, and during that time 
he has been engaged in the business of farming, and also in the business 
of a real estate agent. Deponent further states that he is familiar with 
the lands described on the map attached hereto, marked “ Exhibit A,” 
and signed with the name of this deponent, and that the said map is sub¬ 
stantially correct. In his business, during his residence in said county, 
he has had an opportunity of knowing the said lands described, and that 
the lands are not fit for farming purposes, and that they require thorough 
irrigation before they will produce any agricultural crop. The ordinary 
rainfall of this region is exceedingly meagre, and is not sufficient to pro¬ 
duce a crop. Some of these lands produce a short hardy grass, known 
as alfilerilla, which grows only during the rainy season, and that withers 
and dies out during the long dry summer season. 

Deponent further states that he is familiar with the system of irriga¬ 
tion inaugurated and carried out in Kern County, as laid down on said 
map, and that he knows the effect of the system, and that it is highly 
beneficial when adopted; under this thorough irrigation, when these des¬ 
ert lands are fully saturated with water, they produce abundant crops of 
any kind which are properly sown and watered. 

This system of irrigation has been of great value to Kern County, as 


120 


DESERT LANDS. 


the lands which have been thus improved have been more fhan doubled 
in actual taxable value. A. C. Maude. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of W. R. Macmurdo. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

W. R. Macmurdo, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a surveyor; and 
land dealer; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of J. B. Haggin, which land is situate, lying 
and being in the County of Kern, State of California, and more particularly 
described as follows, to-wit: 

The South ]/ 2 of the Southeast X? and the South % of the Southwest 
X of Section 6, Townsh 30 South, of Range 26 East, Mount Di¬ 
ablo Base and Meridian ; that he has been upon said land, and is ac¬ 
quainted therewith ; and that his knowledge of said land is such as to en¬ 
able him to testify understanding^ with regard thereto; that said land 
is very dry and arid; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern Coun- 




DESERT LANDS. 


121 


ty ; that none of said land, except the swamp land, will in an ordinary- 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for two and a 
half years last past; that during most of that time he was engaged as en¬ 
gineer and surveyor and had special charge of various ditches used for 
irrigating purposes in said county; that in the conduct and management 
of his business he became familiar with the subject of irrigation and with 
the character of the lands requiring irrigation; that he has been over most 
of the lands near to and on the east side of the railroad and between said 
railroad and the swamp lands to the west, and between the north line of 
Township 26 South, on the North, and Buena Vista and Kern Lakes on 
the South; that he has examined said lands looking for tracts to locate 
for pre-emptors and settlers, and also especially looking for a piece of 
land to locate upon himself; that none of said lands produce a sufficient 
crop of grass to cut for hay, without irrigation, except the swamp lands; 
that a large amount of money has been expended and is being expended, 
in constructing canals for irrigation in said county. 

Affiant further says that the map hereto annexed and signed by him is 
substantially correct, and represents the various ditches constructed and 
being constructed for irrigating purposes; that there is not sufficient rain¬ 
fall in the section of country represented by said map in any ordinary sea¬ 
son to produce a crop without irrigation. 

Affiant further says that in July, 1875, there was not a piece of vacant 
land north of Kern River and within the tract of land to which he has 
above testified, which he was willing to pre-empt, or which he thought 
was available without water. 

Affiant further states that he is at present the elected County Surveyor 
Kern County. W. R. Macmurdo. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


122 


DESERT LANDS. 


Adavit of F. B. McClung 


STATE OF CALIFORNIA, 

County of Kern, 

F. B. McClung being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California ; that he is by occupation a 
farmer; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of J. C. Sargent, George Laws and Samuel E 
Garland, which land is situate, lying and being in the County of Kern, 
State of California, and more particularly described as follows, to-wit : 

The South X of Section 6, and the South X and Northeast X of the 
Northwest X of Section 6 ; also the North X and the Southeast X of 
Section 18, and the Northwest X °f Section 20, all in Township 29 
South, of Range 26 East, Mount Diablo Base and Meridian, as described 
on the map hereto annexed ; that he has been upon said land, and is ac¬ 
quainted therewith ; and that his knowledge of said land is such as to ena¬ 
ble him to testify understanding^ "with regard thereto ; that said land is 
very dry and arid, except the swamp lands as marked on said map ; that 
there is not sufficient rainfall upon it at any season of the year to produce 
a crop ; that it is desert land, and will not produce without irri¬ 
gation any agricultural crop, and is in fact worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irriga¬ 
tion ; that said land is not timber land, and that there is not to his 
knowledge, within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal ; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise ; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County, 
as stated above ; that none of said land, except the swamp land, will 
in an ordinary season produce an agricultural crop without irrigation; 
that most of the land designated as swamp land, in that section of 
country, after reclamation requires irrigation to produce a crop. 

Affiant further says that since the first day of October, 1875, he has 
been in the employ of Messrs. Haggin & Carr as Superintendent of one 
of their ranches in Kern County, California ; that the map attached hereto 




DESERT LANDS. 


123 


marked “ Exhibit A,” and signed with the name of this deponent is sub¬ 
stantially correct. That the ranch of which deponent is Superintendent 
as aforesaid embraces Sections 3, 4, 5 and 6, Township 30 South, of Range 
26 East, Mount Diablo Base and Meridian, and Section 1, in Township 
30 South, of Range 25 East, Mount Diablo Base and Meridian, and that 
all of said land is correctly laid down upon the map attached hereto, and 
is contained within the boundaries marked in red ink upon said map. 

Deponent further states that when he first took charge of said ranch as 
Superintendent thereof, the land was in its primitive state, and was essen¬ 
tially desert land, in the fullest meaning of that phrase, and that none of 
said land would produce a crop of any kind whatever, without a thorough 
system of irrigation; that an irrigation ditch known as Pioneer Canal, 
which is correctly delineated and marked upon the map aforesaid, has 
been constructed through said ranch since this deponent took charge 
thereof. Said Pioneer Canal is forty feet wide and about three feet 
deep. 

During the year 1876, about eight hundred acres of said ranch was 
sowed in barley and alfalfa, and the yield for that year, solely by means 
of irrigation, was fifteen thousand bushels of barley and six hundred tons 
of alfalfa hay; besides this yield of barley and hay, that portion of the 
ranch cultivated furnished good grazing for one thousand heal of cattle 
and twenty-five hundred head of sheep for the space of three months. 

During the present year, 1877, about sixteen hundred acres of the said 
ranch was irrigated and cultivated. The land was sown with alfalfa, corn, 
barley and wheat, producing eleven thousand five hundred bushels of 
barley, six thousand five hundred bushels of wheat, two thousand five 
hundred bushels of corn, and fifteen hundred tons of alfalfa hay, besides 
grazing on an average through the whole season, three hundred head of 
cattle and fifteen hundred head of sheep. 

Deponent further says that all these beneficial results have been pro¬ 
duced entirely by the system of irrigation inaugurated and carried out 
upon said ranch, and that without a thorough practical system of irriga¬ 
tion, nothing whatever could be produced upon said land, without irriga¬ 
tion the lands which compose this ranch would be absolutely worthless, 
and deponent would not receive said lands as a gift and pay the taxes 
thereon, if a system of irrigation was impracticable, whilst with irrigation 
they are susceptible of a very high state of cultivation, and are extreme¬ 
ly desirable. 

The large ditch heretofore mentioned, has run full for the period of 
twelve months since its completion. There are branch ditches leading 
from the main canal, and running in various directions over said ranch in 
such a manner as to make a thorough system of irrigation entirely feas- 


124 


DESERT LANDS. 


able. Those portions of the ranch cultivated have been irrigated at 
least twenty times. The water would be allowed to run upon the land to 
the depth of one or two feet at a time, when it would be absorbed by the 
thirsty soil, and the process would be frequently repeated until the earth 
was thoroughly saturated and in a condition fit for the reception of seed. 
Without the very necessary ani thorough system of irrigation above de¬ 
scribed, it would have been utterly impossible to raise any description of 
crop upon said land, and whenever I have failed to get large quantities 
of water upon any portion of the land seeded, the crop was sure to be a 
complete and entire failure. 

Deponent further says, I am perfectly acquainted with the character 
of the lands lying on both sides of said Pioneer ditch for the whole 
length of said ditch and for miles beyond, and on either side of said ditch, 
and have traveled over said lands frequently. I know all of said lands 
to be desert lands, and I also know that no portion of said lands can be 
cultivated unless irrigated in the manner hereinbefore described. 

I am also familiar with, and have extensively traversed the lands 
marked in the accompanying map, as Township 30 and 31 South, of 
Ranges 25, 26 and 27 East, Mount Diablo Base and Meridian, and all of 
said lands, within certain exceptions hereinafter noted, are the same dry, 
arid, desert lands as hereinbefore described, and none of said lands can 
be successfully cultivated without irrigation, except, perhaps, certain 
parcels marked and designated on said map as swamp lands. 

The land designated on the map as lying north of Kern River and be¬ 
tween the river and Posa Creek, comprising a very large section of 
country, is likewise a desert, arid region, and incapable of cultivation 
without a thorough and complete system of irrigation. 

No rain falls over this whole region during nine months in the year. 
During the rainy season some grass springs up over these lands, barely 
sufficient for sheep leed while it lasts ; but even this is soon parched up 
and withered by the sun, leaving nothing save a barren plain. 

This deponent also states it as a fact, founded upon his own personal ex¬ 
perience, that the only way to render this land of any value whatever for 
agricultural purposes is to construct large canals from Kern River, in 
such a manner as to put water on the land in such quantities as to thor¬ 
oughly saturate the soil. F. B. McClung. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESELT LANDS. 


125 


Affidavit of W. P. MeCord. 


STATE OF CALIFORNIA, I 

> ss. 

County of Kern. ) 

W. P. McCord being of lawful age and first duly sworn, deposes and says 
he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of A. E. Davis, which land is situate, lying and being 
in the County of Kern, State of California,£and more particularly de- 
cribed as follows, to-wit : 

All of Section 14, Township 28 South, of Rang 26 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is 
such as to enable him to testify understanding^ with regard there¬ 
to ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop ; 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation ; that said lan 1 is not timber 
land, and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen¬ 
tially non-mineral land 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for more than 
five years immediately last past; that he is familiar with the lands 
described on the map annexed hereto marked “Exhibit A,” and contain¬ 
ing the signature of this deponent, and that the said map is substantially 
correct. During the residence of this deponent in said county as afore¬ 
said, he has had frequent occasion to travel over and upon the lands de- 



126 


DESERT LANDS. 


scribed in said map, and that he is perfectly familiar with the character¬ 
istics and agricultural capabilities of said land; that this section of coun¬ 
try is a vast, arid, unproductive plain of uninviting appearance, and ex¬ 
ceedingly dry. None of this region receives sufficient rainfall even du¬ 
ring the most favorable seasons, to produce any agricultural crop; without 
a thorough system of irrigation which would enable the cultivator to 
place water in sufficient quantities upon the land to thoroughly saturate 
the same, this land is utterly and entirely worthless for farming purposes. 
Portions of these lands during the rainy season produce a small crop of 
hardy grass, fit only for grazing purposes. On an average of from eight 
to ten months of the year, according to the season, this vast plain pro¬ 
duces no sort of vegetation. The grasses alluded to only spring up du¬ 
ring the rainy,' weather, and soon wither and die after the cessation of 
the rains. The general character of the soil of the whole region is ex¬ 
ceedingly dry and thirsty, and large quantites of water in addition to the 
rainfalls of any season are neceasary to be put upon the land before it is 
of any earthly value for purposes of cultivation. Sage brush is produced 
upon some portions of this land, but this is of no value. 

About three years since, this deponent settled upon a piece of land 
designated upon said map as the North X of the Northeast X of Section 
28, Township 29 South, of Range 27 East, Mount Diablo Base and 
Meridian, with the expectation of being able to secure water for the irri¬ 
gation of said land. 

Deponent furter says that at the time of his said settlement he had no 
idea of being able to utilize said land for farming without irrigation, and 
that said land was and is valueless for agricultural purposes without irri¬ 
gation. 

Deponent further states, as an instance of the character of said lands, 
the following facts : 

In the year 1875-76, J. S. Robb undertook to farm the following 
pieces of land, to-wit: The West yi of the Northwest X and the West 
X of the Southwest X of Section 22, Township 29, South, of Range 27 
East, without irrigation. The land was sown in barley. The ground 
was plowed and the grain sown early in the season, and at a most favora¬ 
ble time. The average rainfall during the season was -greater than the 
average of other years. The result of this attempt to cukivate on the 
part of Mr. Robb was an utter and complete failure—this demonstrating 
the fact that it is utterly impossible to cultivate these lands with the least 
chance of success without a thorough system of irrigation. 

The deponent has had favorable opportunities for observation and has 
observed carefully the effect of irrigation upon these desert lands, and he 
states it as a fact that the effect is most beneficial. 


DESERT LANDS. 


127 


The yearly rainfall of this section is very meagre, but when it is sup¬ 
plemented by thorough irrigation, and the lands are plowed and seeded 
in due season, the result is invariably a fine and productive crop. This 
fact has been demonstrated here repeatedly at every place where irriga¬ 
tion ditches have been cut through the land and operated. 

Deponent further says that he has no interest whatever, direct or indi¬ 
rect, in any lands attempted to be secured under the act of Congress 
generally known as the Deseret Land Act. 

W. P. McCord. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 


Affidavit of J. F. McCumber. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

James F. McCumber being of lawful age and first duly sworn deposes 
and says that he is a citizen of the United States and is and has been 
for five years last past, a resident of Kern County, State of California, 
and he is by occupation a farmer; that he has examined the annexed map 
of a part of Kern County, by him subscribed, and is familiar with the 
land therein designated, and his knowledge of said land is such as to en¬ 
able him to testify understandingly with regard thereto; that he has 
been upon a large portion of the said land lying between Kern River and 
the Sixth Standard Line, and that the said land is very dry and arid; that 
there is not sufficient rainfall upon it any season of the year to produce 
an agricultural crop; that it is desert land and will not produce without 
irrigation any agricultural crop, and is, in fact, worthless for all agricul¬ 
tural purposes and cannot be made of any agricultural value without irri¬ 
gation ; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land any vein or lode of quartz, or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal ; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land within the knowledge of affiant is claimed or 
worked for minerals, and that said land is essentially non-mineral land. 

Affiant further says that the natural growth of vegetation upon said 
land consists of scrubbv sage brush of no value, and sparse bunches of 




128 


DESERT LANDS.. 

wild grass that grow and flourish but a short time during the winter and 
spring months; that all of said lands, except the swamp land in the vicin¬ 
ity of lakes and sloughs, are what are termed desert lands, and would 
be uninhabitable for pre-emtion or homestead purposes without irrigation; 
that he is familiar with the system of ditches which have been constructed 
and are now being constructed for the reclamation of said lands, which 
involve the expenditure of a large amount of capital and labor, and with¬ 
out which he considers the said lands entirely worthless for agricultural 
purposes; that the experience of practical endeavors to farm said lands 
demonstrates the fact that all attempts to cultivate and produce crops 
therefrom without irrigation have proved to be failures ; that but a small 
portion of said lands have ever been cultivated by any one, and affiant verily 
believes that no portion of the same ever has been or can be successfully 
cultivated without irrigation;that the lands covered by the ditches designa¬ 
ted on the annexed map have been successfully cultivated by irrigation and 
many of them are productive, and produce excellent crops by proper ir¬ 
rigation, and the lands in the vicinity of Bakersfield, in said county, which 
were formerly barren and worthless have been doubled, and in some in¬ 
stances, quadrupled in value by irrigation; that the lands designated on 
said map between the Sixth and Seventh Standards are at no season sub¬ 
ject to overflow, excepting that occasional floods may inundate a portion 
thereof, and they do not require protection from overflow by levees or 
otherwise; that affiant has been over said lands during the months of 
March, April, May, June and July in company with the Deputy Assessor 
of said county, and at all said times he has observed that the said lands 
were dry, arid and apparently worthless for any agricultural purposes; 
that affiant has no interest directly or indirectly in any desert land appli¬ 
cation under the so called Desert Land Act, nor does he desire to have 
any. Jas. F. McCumber. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Afidavit of John McFarlane. 


STATE OF CALIFORNIA, A 

> ss. 

County of Kern. ) 

John McFarlane, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 




DESERT LANDS. 


129 


County of Kern and State of California, and that he is by occupation a 
well borer ; that he is familiar with the land designated on the accom¬ 
panying map of a part of Kern County by him subscribed ; that he has 
been upon a great portion of said land, and is acquainted with its charac¬ 
ter, and his knowledge thereof is such as to enable him to testify under- 
standingly with regard thereto ; that he believes the said map correctly 
represents the same; that all of said land outside of that portion distin¬ 
guished as swamp land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop, 
and is, in fact, worthless for agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and there is not to his knowledge within the limits of said land any 
vein or lode of quartz, or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes or worked for minerals, and said land is essentially 
non-mineral land. 

Affiant further says that he has been a resident of said county for about 
three years last past, and has been engaged in boring wells on portions 
of said lands, and water is only found thereon at great depth. 

That the reclamation of said lands involves the expenditure of a large 
amount of capital, but that by irrigation the said lands are rendered val- 
uale and produce bountiful crops ; that the natural growth upon said lands 
is sage brush of no value, and sparse bunches of wild grass that grows 
but a short time during the winter and spring. 

That all settlements and improvements made upon said land are with 
a view to procuring irrigation, and without which the said lands are 
worthless for agricultural purposes. J. McFarlane. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


5 


130 


DESERT LANDS. 


Affidavit of Wm. McFailand. 


STATE OF CALIFORNIA, 

County of Kern. 

William McFarland being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California; that he is by occupation a deputy 
sheriff; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of George S. Dodge, and Wm. Willis, which 
land is situate, lying and being in the County of Kern, State of Cal¬ 
ifornia, and more particularly described as follows, to-wit : 

The north V 2 and the Southeast X of Section 2, and the East X of Sec¬ 
tion 4, Township 26 South, of Range 24 East, Mount Diablo Base and 
Meridian ; that he has been upon said land, and is acquainted there¬ 
with ; and that his knowledge of said land is such as to enable him to testify 
understanding^ with regard thereto ; that said land is very dry and arid ; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal ; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County for six 
■or seven years last past; during five years of this time he has been dep¬ 
uty sheriff of said county, and now holds that position. The map 
.annexed to this deponent’s affidavit, marked “ Exhibit A,” and signed by 
this deponent, is substantially correct. The business of this deponent 
during his residence in said county has necessitated his traveling exten- 




DESERT LANDS. 


I 3 I 

sively over the lands laid down upon said map, and he is familiar with 
the general characteristics and agricultural capabilities of said lands. 
This whole region is a vast arid plain, unfit for cultivation without irriga¬ 
tion, and producing naturally no vegetation, save in portions a stunted 
growth of hardy grass fit only for grazing, and sage brush of no value 
for any purpose. Along the banks of the streams there is a growth of 
timber, willow and cottonwood, of no commercial value. 

This land is of no value without a thorough system of irrigation, which 
will allow the cultivator to saturate the soil with water. No agricultural 
crops can be produced upon these lands without irrigation by means of 
the ordinary rainfall, which in this section is very meagre ; some of these 
lands produce no species of vegetation whatever. 

This deponent is conversant with the location and capacity of the ir¬ 
rigation ditches laid down on said map, and he has observed the effect of 
irrigation upon these desert lands, and he states the effect to be benefi¬ 
cial in the highest degree; under the system carried out in portions of 
this county, when an abundance of water is used for irrigating purposes, 
these otherwise worthless lands produce valuable crops of almost every 
description, and that the result is unfailing. 

Deponent further states that the value of the lands in this county, im¬ 
proved by irrigation, has been more than doubled for taxable purposes. 

Wm. McFarland. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of D. G. McLean. 


STATE OF CALIFORNIA, 

County of San Francisco. 

D. G. McLean, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of J. B. Haggin, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

The South ]/ 2 of the Southeast anc ^ South l /> of the Southwest % 
of Section 6, Township 30 South, of Range 26 East, Mount Di¬ 
ablo Base and Meridian; that he has been upon said land, and 





132 


DESERT LANDS. 


is acquainted therewith; and that his knowledge of said land is such 
as to enable him to testify understanding^ with regard thereto ; 
that said land is very dry and arid; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it 
is desert land, and will not produce without irrigation any agricultural 
crop, and is, in fact, worthless for all agricultural purposes, and cannot 
be made of any agricultural value without irrigation; that said land is not 
timber land, and that there is not to his knowledge within the limits of 
said land, any vein or lode of quartz or other rock in place bearing gold, 
silver, cinnabar, lead tin or copper, or any deposit of coal; that there is 
not within the limits of said land to his knowledge any placer, cement, 
gravel or other valuable mineral deposit; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners or 
otherwise: that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation, to produce a crop. 

Affiant further says that he has resided in said County of Kern for 
three years ; that he has been over the valley land thereon repeatedly, 
and is familiar with the same ; that a lafige amount of money has been 
and is being expended in building ditches for purposes of irrigation, and 
that it is the accepted opinion and belief, and this affiant is satisfied to 
state that none of said land will, in an ordinary season, produce any agri¬ 
cultural crop without irrigation. 

Affiant also states that the map hereto attached of a portion of Kern 
County, subscribed by him, is substantially correct, and represents the 
various ditches constructed and being constructed in said county for irri¬ 
gation. 

That some of said lands will produce short grass fit for sheep a few 
months in the year, but that the seasons are extremely hot, and as soon 
as the hot days begin in the spring the grass is burnt up, and the whole 
country is dry and parched. 

That none of that grass is sufficiently luxuriant for hay in any portion 
of the valley, unless it be in the swamp lands; that there is in fact not 
sufficient rainfall in this portion of the va'ley to produce an agricultural 
crop without irrigation. D. G. McLean. 


DESERT LANDS. 


T 33 


STATE OF CALIFORNIA, \ 

/ ss. 

City and County of San Francisco, j 

I, Thomas H. Reynolds, County Clerk and ex-officio Clerk of the 

Twelfth District Court, it being a Court of Record and having a Seal, do 

hereby certify that the foregoing affidavit was subscribed and sworn to 

before me by D. G. McLean, on this 13th day of October, A. D. 1877 ; 

and I do further certify that said affidavit was read to the said D. G. 

McLean previous to his name being subscribed thereto, and that deponent 

is a respectable person, to whose affidavit full faith and credit should be 
given. 

, —-— s In witness whereof, I have hereunto subscribed my name and 
I SEAL | affixed the Seal of said Court, this 13th day of October, A. D 
1877. Thos. H. Reynolds, 

County Clerk and ex-officio Clerk of the Twelfth District Court. 


Affidavit of Wm. Meegan. 

STATE OF CALIFORNIA, 

County of Kern, 

Wm. Meegan being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a stock raiser ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Jas. H. McNab, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

The West % and Southeast ]/z of Section 8, Township 26, South, of 
Range 24 East, Mount Diablo Base and Meridian; that he has been 
upon said land, and is acquainted therewith; and that his knowledge of said 
land is such as to enable him to testify understandingly with regard thereto; 
that said land is very dry and arid; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is, 
in fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, 






134 


DESERT LANDS. 


lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley, within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says he knows the land in the said declaration of James 
H. McNabb aforesaid, and the exterior bounds thereof, and knows there 
are no settlers thereon, and no part thereof has been cultivated, and the 
same is not subject to overflow, nor is the same protected from overflow 
by dams, levees, or any artificial manner. I have examined the map ap¬ 
pended hereto, and marked with my name, and the same is correct, and 
by reason of my occupation I have become well acquainted with the 
lands thereon; that all the lands not included within the boundaries of 
lines inclosing the swamp and overflowed lands, as marked, are desert 
lands; they are dry, dusty, arid plains for eight or ten months of each 
year, and worthless unless reclaimed by irrigation, and will bear no kind 
of agricultural crop without irrigation, continued from seeding time till 
harvest; that the annual rainfall is too little for purposes of agriculture. 

I have no interest in any lands claimed under the Desert Land Act. 

Wm. Meegan. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 


Affidavit of E. Mills. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

E. Mills, being of lawful age and first duly sworn, deposes and says that 
he is a citizen of the United States,, and a resident of the County of Kern, 
and State of California ; that he is by occupation a commission merchant; 
that he knows the land, and each legal subdivision thereof, represent- 




DESERT LANDS. 


!35 


ed by the map annexed hereto which land is situate, lying and be¬ 
ing in the County of Kern, State of California; that he has been 
upon said land, and is acquainted therewith ; that his knowledge of 
said land is such as to enable him to testify understandingly 
with regard thereto; that said land is very dry and arid; that 
there is not sufficient rainfall upon it at any season of the year 
to pioduce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge, within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral deposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said land 
is worked for minerals during any part of the year, by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of the Couuty of Kern, 
State of California, for a period of five years ; that he has examined the 
map hereto attached, signed with his name ; that the same is substan¬ 
tially correct ; that he is well acquainted with all the lands therein de¬ 
scribed and knows their general character ; that all the lands without the 
lines marking the boundaries of the swamp and overflowed lands on said 
map are desert lands ; that they produce nothing but a scanty herbage in 
their natural state ; that said herbage follows the annual rainfall, and 
never attains a height of more than two or three inches ; that said herb¬ 
age dries up early in May of every year, leaving said land a dry, dusty, 
arid, desert plain for eight or ten months of the year ; that none of said 
land is subject to overflow ; that none of said land will produce any kind of 
an agricultural crop without irrigation ; that said land, in its natural con¬ 
dition, is of little or no value for any purpose, but by reclamation by a 
system of artificial irrigation continued from planting till harvest, the same 
can be and is made to produce abundantly; and by such reclamation it 
becomes very valuable ; that he has no knowledge of any instance of suc¬ 
cess in raising any kind of a crop on any part of said land without irriga- 


i 3 6 


DESERT LANDS. 


tion, and he knows that such effort must result in failure, as the annual 
rainfall is entirely insufficient for agricultural purposes. 

That without a system of artificial irrigation, incurring large expendi¬ 
tures of money or community labor, said lands would lay for ever value¬ 
less for taxable purposes ; but by such system, they are capable of pro¬ 
ducing large crops of every kind. 

Affiant further states that he has no interest in any lands taken or 
claimed by himself, or any other person, under the act known as the 
Desert Land Act. E. Mills. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. P. Murry. 


STATE OF CALIFORNIA, ) 

> ss. 

City and County of San Francisco, j 

J. P. Murry being first duly sworn, deposes and says that he is a citi¬ 
zen of the LTnited States, over twenty-one years of age, and a resident of 
Tulare County, in said State ; that he is by occupation a farmer and cat- 
le raiser; that he has been engaged in the stock business in Tulare and 
Kern Counties for more than twenty years now last past; that he is well 
acquainted with the valley lands in Kern and Tulare Counties, having 
herded stock on the same for the last twenty years, and been constantly 
engaged in traveling over the valley in search of stock and in herding 
stock. 

That the valley land in Kern County is desert land, and will not pro¬ 
duce an agricultural crop without irrigation; that in the winter season a 
kind of wild grass springs up two or three inches high, which furnishes 
feed for a time for sheep and cattle, but as soon as hot weather com¬ 
mences in spring this grass dries up and dies out altogether, leaving 
the country parched and arid. 

Affiant has been compelled every year to remove his stock from these 
arid plains during the dry season ; that it is impossible for stock to live 
in these valleys after about the first of May, and it is the usual practice 
to drive them to the swamps or to the hills about the first of April: that 
affiant has been familiar with, and observed every attempt that has been 
made to raise crops upon this land without irrigation, and can state from 
actual observation that no successlul attempt has been made upon any 




DESERT LANDS. 


*37 


valley land in Kern County to raise crops without irrigation, except along 
the bed of Kern River or adjacent to ditches or sloughs, into which the 
water has been turned, where seepage water in spots irrigates small pieces 

of land. 

Affiant further say that he is familiar with what is commonly called 
“ Kern Island,” being the land bounded on the north by Kern River, on 
the east, south and west by land designated as swamp land; that upon 
this island there has been a large amount of money invested in irrigating 
works which affiant is informed and believes have cost more than two 
hundred and fifty thousand dollars. That these irrigating works consist 
of ditches and canals from Kern River; that, notwithstanding this ex¬ 
penditure, no more than one-fourth of said island has been irrigated and 
brought under cultivation ; that affiant was familiar with Kern Island 
previous to the construction of any irrigation ditches thereon, and that 
the same was barren and unproductive; that it was impossible to raise 
any crops thereon before such irrigation. 

That any person who would attempt to farm on the valley land of Kern 
County without irrigation would be regarded by all the inhabitants as in¬ 
sane ; that when irrigated this land is exceedingly fertile, being alluvial 
soil of great depth ; that the climate in winter is mild and pleasant, but 
in summer exceedingly hot, and the evaporation most rapid. In conse¬ 
quence of the great heat and rapid evaporation this part of California is 
wholly uninhabitable without irrigation. 

That the land in the vicinity of the mouth of Kern River is well situ¬ 
ated for irrigation, being level and smooth, and conveniently located for 
ditches and canals; that Kern River is a stream which furnishes an abun¬ 
dant supply of water in spring and early summer; that said river has its 
sources high up in the Sierra Nevada Mountains, where snow falls to a 
great depth, and the melting of such snow in spring and early summer 
furnishes a supply of water at a time when it is most required for agricultu¬ 
ral purposes ; but that in order to carry on a system of irrigation a great 
expenditure of money is required; that individuals owning small parcels 
of land are unable to irrigate the same on account of the great expense. 
The cost of irrigating such parts would be greater than the value of the 
land when irrigated. 

That this valley has been surveyed and open to pre-emption settlement 
for more than twenty years, but has remained unoccupied for want of 
sufficient capital and combined effort to irrigate the same. 

That recently, and within the past five years, J. B. Haggin and W. B. 
Carr, and others, have inaugurated a system of irrigation upon Kem 
Island which has resulted in reclaiming a large portion of that land, and 
in establishing some of the finest and most productive farms in the State. 


i3 8 


DESERT LANDS. 


That some years since a man by the name of Calloway undertook to 
irrigate a large body of land situate on the north side of Kern River, and 
for that purpose surveyed and commenced the construction of a large 
canal; but his own means being inadequate, and he being unable to sat¬ 
isfy others that the enterprise would prove profitable, he failed, and the 
work was stopped; that operations on said canal have been resumed by 
Haggin & Carr, who own some of the odd sections, and others who have 
located under the Desert Land Law, and the work is now being prosecu¬ 
ted with great vigor; the canal having been constructed seven or eight 
miles in length from the river, is being continued at the rate of about a 
mile a month. This canal is eighty feet wide on the bottom and four 
feet deep, and when constructed will reclaim a large section of land oth¬ 
erwise absolutely worthless for agricultural purposes. 

That this land is situated in the central portion of the State, where ag¬ 
ricultural land is in great demand, and would have been settled many 
years ago but for the fact that it could not be cultivated without irrigation; 
The homestead and pre-emption laws require occupation and cultivation 
before title, whereas it is necessary to irrigate the lands before they can 
be cultivated, if occupied ; the Desert Land Law has infused new life into 
the whole of that region of country, and ditches and canals are being 
constructed on a large scale by those interested in the lands. 

That the portion of this great valley of California lying in Kern County 
is dryer and more arid than any other portion of the State west of the 
the Sierra Nevada Mountains, and there is much less rainfall in it than 
in any other portion of the State west of said mountains; the reason 
appears to be its peculiar location between high mountains on the east, 
south and west, which break the rain-clouds and prevent rainfall in this 
locality; that the rainfall is exceedingly light, and hardly sufficient to 
make it uncomfortable to sleep out in the open air the year round; that 
affiant has slept in the open air without other covering than his blankets 
during all seasons of the year, sometimes continuously during the entire 
year, and suffered no inconvenience from the storms; that during the 
last five or six years, in herding stock upon these plains during the rainy 
season, affiant and his men have not so much as carried a tent with them. 

That even the swamp land in said county, after the water has been 
drained off, requires irrigation in order to produce a crop ; in fact, it may 
be truthfully stated that all the valley lands of Kern County are desert 
lands, and will not produce a crop without irrigation, except small spots 
which are irrigated by seepage from the river as before mentioned. 

Affiant further says that the development and prosperity of Kern 
County is entirely dependent upon the success of the irrigating schemes 
which have been inaugurated; that no legislation by Congress has, or 


DESERT LANDS. 


139 


can result so beneficially to the development of that county as the Desert 
Land Law ; that a repeal of that law would tie up indefinitely a large 
body of land which will shortly be brought under cultivation and made 
extremely useful for agricultural purposes, and cause the same to remain 
a desert for years to come, and until some other legislation can be had 
whereby ownership to the land can be acquired. 

Money cannot be procured to irrigate land to which no title can be ac¬ 
quired, and irrigation must precede settlement. Affiant’s own personal 
observations establish these facts. 

Affiant further says that he is able to mention numerous instances of 
individual undertakings to settle upon this land where the parties, after 
spending all their means, were compelled to abandon the same because 
they were unable to procure water with which to reclaim the land. 

Affiant further says that he has no interest, directly or indirectly, pres¬ 
ent or prospective, in any land located under the Desert Land law. 

J. P. Murry. 


STATE OF CALIFORNIA, ) 

> ss. 

City and County of San Francisco. ) 

I, Thomas H. Reynolds, County Clerk and Clerk of the Twelfth 
Judicial District Court, it being a Court of Record and having a Seal, do 
hereby certify that the foregoing affidavit was subscribed and sworn to 
before me by J. P. Murry, on this 12th day of October, A. D. I877, and I 
do further certify that said affidavit was read to the said J. P. Murry pre¬ 
vious to his name being subscribed thereto ; and that deponent is a re¬ 
spectable person, to whose affidavit full faith and credit should be given. 

In witness whereof, I have hereunto subscribed my name and 
| SEAL l affixed the seal of said Court, this 12th day of October, A. 
* —‘ d. 1877. Thos. H. Reynolds, 

County Clerk and ex-officio Clerk of the Twelfth District, Court, State 
of California, in and for the City and County of San Francisco, 


Affidavit of Jasper Myers. 


STATE OF CALIFORNIA, 


SS. 


County of Kern. ) 

Jasper Myers, being of lawful age and first duly sworn, says that he is 
a citizen of the United States and resides in the County and State afore- 





140 


DESERT LANDS. 


said, on his homestead, situate and being in said county, and described 
as the North X of the Southeast X anc ^ South X of the Northeast X °f 
Section 18, Township 30 South, of Range 27 East; that said land lies on 
what is known as “Kern Island Proper”; that said land is equal in quality 
to the other lands on said island on an average. 

Affiant states that he moved on, and has resided, and now resides, on 
the same land, from December, 1872, and has cultivated a portion of 
said land every year; the first year, failing to procure water to irrigate his 
crop, it was an entire failure.. The second year, having procured water to 
irrigate his crop partially, he made some hay, but no grain crop. The 
third year he succeeded in obtaining sufficient water to irrigate, which re- 
isulted in a good crop of barley and alfalfa. This year, having thoroughly 
rrigated land on which he plowed and planted corn, the failure to pro¬ 
cure water to irrigate, said growing corn crop resulted in a complete fail¬ 
ure. 

Affiant further states that he is well acquainted with the character of 
all the lands within a circle of miles around his residence; that he has 
traveled over much of the other lands delineated on the map hereto an¬ 
nexed and signed by affiant, and observed the same, and that from such 
knowledge and observation he is certain that none of said lands are fit 
for agricultural purposes or will raise an agricultural crop without irriga¬ 
tion; that since he has resided here there has not been sufficient rainfall 
on any of the said land to produce a crop of grain, or other crop, nor 
does he believe that such rainfall ever occurs in this region of country 
unless it be very rarely. 

Affiant further states that the land above mentioned and referred to is 
of fine quality, and though worthless for agricultural purposes in its prim¬ 
itive state, with thorough and continued irrigation through the whole sea¬ 
son two crops of grain and other produce can be raised in the same year. 

Affiant further says that the ditches and canals laid down on said map 
are substantially correct; that said ditches cost large sums of money, 
many thousand of dollars, and are owned wholly by the owners of the 
lands lying on and near said canals and ditches, they considering that 
irrigation was absolutely necessary to produce agricultural crops. 

Affiant further states that the construction of said canals and ditches 
has doubled the value of all the lands lying along and adjacent thereto, 
and increased the amount of taxes to that extent, and that the residents 
and owners of said lands last referred to had not been able to perfect a 
system of successful irrigation previous to the time Messrs. Haggin & Carr 
became stockholders in the different ditch companies herein alluded to. 
when they advanced the means to construct new and enlarge and repair 


DESERT LANDS. 


141 

old lines of ditches, allowing the other stockholders to return such ad¬ 
vances in small monthly assessments. 

Affiant fuither says that such advances and expenditures of money by 
Haggin N Can have been a public benefit in more ways than one, adding 
materially to the prosperity of the county. 

Affiant further states that he has no interest whatever in any desert 
land application of any kind. Jasper Myers. 

Sworn to before F. W. Craig, County Clerk ot Kern County, as in affi¬ 
davit on page 1. 


Affidavit of F. D. Nelson. 


STATE OF CALIFORNIA, i 

> ss. 

County of Kern. ) 

F. D. Nelson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County and State aforesaid ; that he has resided in said county for more 
than two years, on his land lying about three miles northwest of Kern 
River and opposite Bakersfield, being the Southeast % of Section 8, 
Township 29 South, of Range 27 East ; that he is well acquainted with 
the character of all the lands within several miles of Ids home, on the 
north side of said river ; and that he has traveled frequently over the 
lands, from his said residence along the west side of the railroad, within 
six miles of the same and on as far as Delano. 

Affiant states that he did not cultivate his land at all the first season, for 
the reason that he was not able to procure water to irrigate it, well know¬ 
ing that a total failure would be the result; that he procured water the 
present season, has sowed his said land in part to alfalfa and succeeded 
in getting a crop. 

This affiant further states that from his knowledge of the character of 
said land above described and referred to ; that it is totally unfit for any 
agricultural purposes, unless freely irrigated ; that all of said land is a 
dry, arid, desolate desert in its primitive state, and that men of ordinary 
means, such individuals as usually take up and settle on government 
lands, would not be able to procure sufficient means to construct canals 
of necessary dimensions to irrigate their lands ; that such enterprise re¬ 
quires very large capital. 

Affiant further states that from his said knowledge of said lands that 




142 


DESERT LAN 


the construction of such a canal as the Calloway Canal now being worked 
on near affiant’s home, will make a barren and desolate one of the most 
productive and fertile sections of the country. 

Affiant further states that since he has lived here there has been no 
rainfall sufficient to grow and mature any agricultural crop. 

Affiant further states that he is not interested, directly or indirectly, in 
any application for the location of desert land. F. D. Nelson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. Niederauer. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. Niederauer being of lawful age and first duly sworn, deposes and 
says, that he is a citizen of the United States and a resident of the 
County of Kern, and State of California; that he is by occupation a farm¬ 
er and mechanic ; that he knows the land, and each legal subdivision 
thereof, described in the declaration of Olliver Eldridge, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit : 

The North X and Southwest X °f Section 24, Township 26 South, 
of Range 25 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that his 
knowledge of said land is such as to enable him to testify under- 
standingly with regard thereto ; that said land is very dry and 
• arid; that there is not sufficient rainfall upon it at any season of the 
year to produce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 




DESERT LANDS. 


143 


Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the lands claimed by declaration of 
Olliver Eldridge above, and the exterior bounds thereof; that there are no 
settlers thereon and no part thereof has been cultivated, and the same is 
not protected from overflow by any artificial means, or is the same sub¬ 
ject to overflow, he has examined the map appended hereto, marked with 
his name, and believes the same correct; that he has a general knowledge 
of said lands delineated onjsaid map; that the whole of said lands are much 
of the same quality and character, being in their natural state dry, arid 
and unfit for agricultural purposes until they are freely irrigated. The 
whole area on said map north of Kern’River, and of the segregated line 
of swamp and overflowed land, on Buena Vista Slough, and on to Lake 
Tulare, bears the same' character; that in the dry bed of Goose Lake 
Slough, as marked on said map, from the river bed westwardly into the east¬ 
ern portion of Township 30 South, of Range 24 East, thickets of willows 
and some cottonwoods have grown up, and some near the margin since 
the freshet of 1862, but that the land among said willows requires irriga¬ 
tion equally with any other portion of said lands. 

Affiant further states that said lands in their primitive state are barren, 
desolate and desert lands, but when properly and freely irrigated are pro¬ 
ductive, and the soil of the best quality, but that by reason of the great 
cost of canals and ditches, and the distance that the water has to be 
brought from Kern River, that being the only source of supply, the use of 
said lands with irrigation is forbidden to any person or persons with ordi¬ 
nary means. The ordinary growth on said lands consists of sage brush, 
bitter weeds unfit for animals’ use, and short, scattering clover or grass 
and some spots of alfilerilla, the latter springing up three or four inches 
high in the spring, affording sheep feed for a while, and drying up as soon 
as the hot season commences. 

Affiant further states that since he has resided in said county no season 
has afforded sufficient rainfall to produce any sort of an agricultural crop 
on the said lands, and that he does not believe such a rainfall would oc¬ 
cur once in twenty years. 

Affiant verily believes that said lands could be made useful and pro¬ 
ductive only by an expensive system of canals and ditches, wholly outside 
the means of homestead claimants and pre-emptors. 

Affiant further states that he is in no manner interested directly or in- 


144 


DESERT LANDS. 


directly in the location of the lands named and described in the said 
declaration. J- Niederauer. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in offi- 
davit on page i. 


Affidavit of Daniel Norton. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Daniel Norton, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of E. C. Platt, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to wit : 

The Southeast X and East X of the Southwest X of Section 34, 
Township 27 South, of Range 24 East, Mount Diablo Base and 
Meridian ; that he has been upon said land, and is acquainted there¬ 
with, and that his knowledge of said land is such as to enable 
him to testify understanding^ with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that portion 
of San Joaquin or Tulare Valley within the limits of Kern County ; that 
none of said land, except the swamp land, will in an ordinary season produce 
an agricultural crop without irrigation ; that most of the land designated 




DESERT LANDS. 


T 45 


as swamp land in that section of country, after reclamation, requires irri¬ 
gation to produce a crop. 

Affiant further says that he knows the land covered by the declaration 
of E. C. Platt, and the exterior boundaries thereof. That there are no 
settlers thereon, and no part thereof has been cultivated, and the same is 
not subject to overflow, and the same is not protected from overflow by 
levees or any artificial means; he has examined the map attached hereto, 
and believe the same is correct. That the lands with the exception of the 
swamp lands thereon designated are dry, dusty, arid plains, and will pro¬ 
duce no agricultural crop without irrigation. 

That the reclamation thereof will require large expenditures of money, 
and, if reclaimed at all, must be by irrigation. 

I have no interest in any desert lands, or any lands claimed under the 
Desert Land Act. Daniel Norton. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Peter O’Hare. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Peter O’Hare being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States and a resident of the County and 
State aforesaid; that he has resided in said county for nearly eight years; 
that he pre-empted the Northwest X of Section 30, Township 30 South, of 
Range 27 East, and after proving up and paying out said pre-emption 
land he filed a homestead claim of the South X of tlie Southeast X of 
Section 18, same Township and Range, and that he now occupies and re¬ 
sides on said land, and has occupied the first named tract ever since he 
has lived in this county; that said land lies on Buena \ ista Ditch on Kern 
Island Proper, and is of the very best quality of land on said island out¬ 
side the swamp and overflowed lands; that he settled on said lands with 
a view of cultivating the same as soon as he could convey the waters of 
Kern River on it for irrigation ; that finding that he was unable to do so 
successfully at once, he labored at other pursuits for the first two years; 
that on the third year he got a partial supply of water and made a small 
indifferent crop, still using efforts to increase the supply of water; that he 
then planted out fruit trees, and for want of a sufficient supply of water 
three fourths of them perished. 




146 


DESERT LANDS. 


Affiant states that he never obtained a sufficient supply of water for ir¬ 
rigation until the Buena Vista Ditch was re-located, enlarged and com¬ 
pleted by means furnished by Messrs. Haggin & Carr in 1874, since which 
time he has had an adequate supply of water and made good crops every 
season. 

Affiant further states that he knows well the character of all the lands 
on Kern Island Proper; that he has frequently traveled all over it and 
observed it closely; that he has traveled over and observed most of the 
lands lying north of Kern River and Buena Vista Slough, and toward 
Lake Tulare and Delano, and is able from his knowledge thereof to test¬ 
ify intelligently in relation thereto, and from such observations and 
knowledge he now states that all of said lands in their primitive state are 
desolate, barren, desert lands, unfit for cultivation for agricultural pur¬ 
poses, and worthless for such uses without being freely irrigated, but ex¬ 
ceedingly fertile and productive when irrigated, producing all sorts of 
crops suitable to this climate. 

Affiant further states that he, among other pre-emption settlers and 
homestead claimants along and adjacent to said Buena Vista Ditch, was 
one of the original locaters or corporators of said ditch; that said ditch 
was constructed by the combined efforts of such settlers up to the year 
1875 ; that from want of means they were unuable to construct said ditch 
in a proper line, or of sufficient size to afford them such supply of water 
for irrigation purposes as to enable them to raise remunerating crops. 

Affiant further states that in the year 1875 Messrs. Haggin & Carr, 
having become the owners of a large body of land on said Kern Island, 
proposed to said corporators to take a portion of their stock in said ditch 
and furnish all the means necessary to enlarge and construct it properly, 
and of sufficient size to furnish all of them with water to irrigate their 
lands, receiving such advance back in small monthly assessments, within 
the means of all of said settlers and corporators, and extending over such 
a period as to enable them to meet much of said assessment out of the 
surplus of the crops raised by means of the water furnished by such im¬ 
provements in the ditch aforesaid; that said proposition was accepted by 
said original corporators; that said Haggin & Carr carried out this ar¬ 
rangement in good faith at a cost and outlay to them of about $14,000; 
that this improvement in said ditch and the ample supply of water fur¬ 
nished thereby has fully doubled the value of thelandsof said original stock¬ 
holders and materially added to their prosperity and the public good, 
rendering lands worthless for all agricultural purposes, profitable to the 
owners and highly productive. 

This affiant further states that since his residence in said county there 
has not been sufficient rainfall to grow and mature an agricultural crop, 


DESERT LANDS. 


147 


01 enable a farmer to make a living on said land by cultivating it for such 
purpose. 

Affiant further states that he has no interest whatever in any applica¬ 
tion for the location of any desert land, and further this affiant saith not. 

Peter O’Hare. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of J. P. Ownby. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. P. Ownby being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County o 
Kern, State of California; that he is by occupation a hotel keeper; that 
he is familiar with the land described on the annexed map, of a part of 
Kern County, California ; that he has been upon a large portion of said 
land frequently, and his knowledge of said land is such as to enable 
him to testify understanding^ with regard thereto ; that said land is very 
dry and arid, excepting the swamp lands designated on said map; that 
there is not sufficient rainfall upon it at any season of the year to pro¬ 
duce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation; 
that said land is not timber land, and there is not to his knowledge within 
the limits of said land, any vein or lode of quartz or other rock in place 
bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal ; 
that there is not within the limits of said land to his knowledge any 
placer, cement, gravel or other valuable mineral deposit ; that no portion 
of said land is claimed for mining purposes, or worked for minerals by 
any person or persons, known to affiant. 

Affiant further says that he has frequently passed over said land, or a 
great portion thereof, and he verily believes that the said land is worth¬ 
less for agricultural purposes without irrigation. 

That he is familiar with the system of ditches now being constructed 
for irrigating purposes; that the reclamation of said land involves the 




148 


DESERT LANDS. 


expenditure of a large amount of capital, without which said land could 
not be setttled upon or improved. J. P. Ownby. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of G. W. Parish. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

G. W. Parish, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of M. W Sanders, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The East X of the Southwest X of Section 22, Township 30 
South, of Range 25 East, Mount Diablo Base and Meridian ; that 
he has been upon said land, and is acquainted therewith; and that 
his knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto ; that said land is very dry and arid ; 
that there is not sufficient rainfall upon it at any season of the year to pro¬ 
duce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal ; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit ; that no 
portion of said land is claimed for mining purposes under the local cus¬ 
toms or rules of miners or otherwise ; that no portion of said land is 
worked for minerals during any part of the year by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 




DESERT LANDS. 


149 


designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said County for 
more than three years last past, and has seen the land embraced in 
said application frequently ; that no part of the land applied for by the 
said Sanders has ever been cultivated ; that the same is at no season sub¬ 
ject to overflow, and does not have to be protected from overflow by 
levees or otherwise. G. W. (his X mark) Parish. 

Witness, A. C. Maude. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of G. W. Parish. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

G. W. Parish, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer; that 
he knows the land., and each legal subdivision thereof, described in the 
declaration of E. T. Raun which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

The South l / 2 of Section 30, Township 29 South, Range 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith ; and that his knowledge of said land 
is such as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge any placer, cenlent, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other- 




DESERT LANDS. 


ISO 

wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in said county for three years ; 
that he has been over most of the lands last spoken of, and observed the 
same ; that they are also, as far as he has seen them, unfit for the culti¬ 
vation of any agricultural crop without irrigation. 

Affiant further states that he has examined the map hereto annexed 
signed with his name ; that he believes the same to be correct, and that 
the canals and ditches laid down on the same are properly delineated. 

Affiant further states that since he has resided here the rainfall in all 
this region of country has been insufficient to produce any agricultural 
crop on these lands ; that any system of canals and ditches that would 
irrigate any considerable quantity of land off the immediate banks of 
Kern River is too costly and expensive for men of ordinary means, and 
without water all of said lands would be useless and worthless to settlers 
on lands open to homestead and pre-emption. 

Affiant further states that he is not interested in any application for the 
location of desert lands. G. W. (his X mark) PARISH. 

Witness, A. C. Maude. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in afifr 
davit on page i. 


Affidavit of H. C. Park. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

H. C. Park, being first duly sworn, deposes and says that he is a citizen 
of the Unite 1 States, of lawful age, and that he has been a resident of 
Kern County, California, for nearly four years, and that he is now en¬ 
gaged in the sale of lumber in the town of Bakersfield. 

During the residence of deponent in Kern County he has had an op- 




DESERT LANDS. 


IS 1 

portunity of knowing the general character and agricultural value of said 
land delineated on the map annexed hereto, marked “ Exhibit A,” and 
signed with the name of this deponent, and the said map is substantially 
correct. 

This region of country is a vast, arid plain, not capable of producing 
any agricultural crop, without irrigation of an extensive and costly char¬ 
acter. It produces no vegetation of value except a short, hardy growth 
of alfilerilla grass, which springs up in the winter season and flourishes 
only whilst it receives the rain, dying out under the excessive heat of the 
sultry summer sun. These lands produce fine crops of almost any kind 
when they are thoroughly irrigated and properly cultivated. The irriga¬ 
tion ditches which are designated on this map, as having been constructed 
in Kern County, have been of immense benefit to the whole county and 
have added largely to the taxable property of the county. 

H. C. Park. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. H. Patten. 


STATE OF CALIFORNIA, } 

> ss. 

County of Kern. ) 

Jno. H. Patten, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of George Wallace, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The North l / 2 of the Northeast of Section 2, Township 28 South, 
of Range 25 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that his 
knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 




J 52 


DESERT LANDS. 


value without irrigation; that said land is not timber land, and that there 
is not to his knowledge, within the limits of said land, any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise ; that no portion 
of said land is worked for minerals, during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tffiare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that the map annexed hereto marked “Exhibit A,” 
and signed with the name of this deponent, is substantially correct. The 
lands described on said map comprise a sandy plain of vast extent and 
arid character, which is unfit for cultivation without irrigation of a very 
expensive character, whilst with such irrigation it can be made exceed¬ 
ingly valuable and .productive. These lands, in their natural state, pro¬ 
duce no valuable vegetation, except a short, hardy grass, fit for grazing 
only, and which withers and dies during the long summer season. The 
system of irrigation carried out in portions of said county has largely en¬ 
hanced the value of the lands improved, for taxable purposes. 

Deponent at one time attempted to examine a portion of said lands for 
the purpose of settlement, but abandoned the attempt on account of the 
worthless character of the land without irrigation. The land described in 
the application of George Wallace has never been cultivated, and is not 
subject to overflow, and is not protected by levees of any kind. 

J. H. Patten. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


U 3 


Affidavit of James C. Pemberton. 


STATE OF CALIFORNIA, 

County of Kern. 

James C. Pemberton being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California; that he is County Treasurer of 
said County of Kern, and has resided in said county since its organiza¬ 
tion, and in the section of country included in the present boundaries of 
said County of Kern, almost continuously since the year 1854—about 
twenty-three years of time; that he has examined the map hereunto an¬ 
nexed, and signed by him; that he believes said map to be substantially 
correct; that he has a general acquaintance with all the lands described 
on said map, particularly the lands lying north of the Seventh Stand¬ 
ard ; that the general character of the said lands is the same ; that the 
whole of said lands not segregated as swamp and overflowed, are dry and 
arid, fit for cultivation solely and only when the same is subjected to 
a system of irrigation ; that said land will not produce crops of any kind 
without irrigation, save and excepting in seasons following an excessive 
rainfall ; that the ordinary rainfall is entirely insufficient, and that in about 
twenty-three years of his residence in the vicinity of said lands that but 
few of said years—not more than two or three—gave sufficient rainfall to 
produce crops of any kind on any part of said lands. 

That the general [growth on said lands is sage brush in spots, that is 
worthless for feed or any purpose, and a growth of a grass called alfile- 
rilla that grows only after and following the winter rainfall; said grass 
never grows in quanties sufficient that it may be cut for hay, or of such 
height that cutting for hay would be possible ; that as the season advances 
said grasses dry up, leaving said land bare and arid for at least eight 
months of the year. 

That said lands are, in fact and truth, desert lands, within the meaning 
of said term ; that said lands will produce no agricultural crop without 
ample irrigation. 

That affiant further states that said lands when reclaimed by a system 
of irrigation, will produce fine crops of almost all kinds, but that irriga¬ 
tion must be constantly followed to grow and mature any crop sown 
thereon. 

That reclamation by irrigation increases the taxable value of said land 
many fold. 

Affiant further states that a large amount of money has been ex¬ 
pended in making ditches and irrigating a portion of said land, and when- 




iS 4 


DESERT LANDS. 


ever the same has been done it has largely increased the value of the said 
land, in fact, making worthless lands into valuable farms. 

James C. Pemberton. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Jerry Pensinger. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Jerry Pensinger, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and resides in the County 
and State aforesaid, and has resided here for nearly five years ; that he 
has been over, and is well acquainted with the quality and character of 
the lands lying in Kern County, north of Goose Lake Slough to the 
Southern Pacific Railroad, and along as far as Delano ; that said land is 
dry and arid and, in fact, desert land ; that it is not, to his knowledge, 
mineral land, or does it contain any sort of mineral deposit, and has 
never been worked by any person for that purpose ; that it is not timber 
land. 

Affiant further states that the said land will not produce any agricul¬ 
tural crop without irrigation, nor can it be made of any agricultural 
value without irrigation ; that any system or plan of irrigation to make 
said lands of agricultural value, and enable farmers settling and taking 
up the same by subdivisions, as provided for in the Pre-emption and 
Homestead Laws of Congress, is entirely beyond the means of men hav¬ 
ing or being able to control any ordinary amount of capital. 

Affiant further states that the most of said land is of good quality, and 
will become fertile and productive when irrigated, but is worthless for all 
agricultural purposes in its primitive condition. 

Affiant does not know of any of said land having been cultivated by 
any person or persons, either resident or non-resident, and none of it 
requires levees to protect it from overflow. 

Affiant states that he has no interest whatever, directly or indirectly, in 
any application for the location of desert lands. 

Jerry Pensinger. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i 




DESERT LANDS. 


J 55 


Affidavit of Thomas C. Philbrick. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Thos. C. Philbrick being of lawful age and first duly sworn, deposes and 
says he is a citizen of the United States, and a resident of the County of 
Kern, and State of California ; that he is by occupation a teamster ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Thomas Brown, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

East Yz of Southeast % Section 26, Township 28 South, Range 24 East, 
Mount Diablo Base and Meridian; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he is familiar with the system of ditches con¬ 
structed for irrigating purposes in said county; that the reclamation of 
said lands requires a large expenditure of capital, and without a proper 
system of irrigation the said lands are worthless for agricultural purposes; 
that the natural growth upon said lands is scrubby sage brush of no value, 
and sparse bunches of wild grass, which grow and flourish but a short 
time during the winter and spring. 



DESERT LANDS. 


156 

That the said land of the said Thomas Brown is not subject to over¬ 
flow, and does not have to be protected from overflow by levees or other¬ 
wise. 

Thomas C. Philbrick. 

Affiant further states that he has examined the annexed map of a part 
of Kern County, by him subscribed, and believes the same to be correct, 
and that the lands thereon designated, except the swamp lands, are all 
of about the same general character, dry, arid plains, excepting those that 
have been rendered productive by irrigation. 

Thos. C. Philbrick. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of William E. Phillips. 


STATE OF CALIFORNIA, 

County of Kern. 

William E. Phillips, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California ; that he is by occupation a far¬ 
mer ; that he knows the land, and each legal subdivision thereof, described 
in the declaration of George Laws, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly described 
as follows, to wit : 

The North % and Southeast of Section 18, Township 29 South, 
of Range 26 East, Mount Diablo Base and Meridian ; that he has been up- 
said land, and is acquainted therewith, and his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto ; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is, in fact, 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise ; 





DESERT LANDS. 


1 57 


that no portion of said land is worked for minerals during any part of the 
year, by any person or persons ; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern Coun¬ 
ty ; that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says he knows the land above described in the declara¬ 
tion of George Laws. That there are no settlers thereon ; that no part 
thereof has been cultivated, nor is the said land subject to overflow, or is 
the same protected from overflow by dams, ditches or dikes, or in any 
manner. That he has resided on the Northwest X °f Section 6, Town¬ 
ship 29 South, of Range 26 East, for eighteen months ; that he witnessed 
an experiment made to raise a crop of barley on the West X °f said Sec¬ 
tion 6 during the year 1876, without irrigation, and the same was a com¬ 
plete and perfect failure. That he has examined the appended map signed 
with his name, and the same is substantially conect. That he is acquainted 
with the lands in Township 29 South, of Range 26 East, and the lands 
westward and northward thereof, and the same are desert lands and will 
produce no kind of agricultural crop without reclamation by irrigation by 
artificial means. That said lands are absolutely valueless for any purpose 
unless so reclaimed. But whenever irrigation is resorted to in the culti¬ 
vation of said lands they will produce abundantly. 

William E. Phillips. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of H. Prindle. 


STATE OF CALIFORNIA, 

County of Kern. 

H. Prindle, being first duly sworn deposes and says that he is of law¬ 
ful age, a citizen of the United States, that he is by occupation a law¬ 
yer and insurance solicitor and manager ; that he knows the land, and 
each legal subdivision thereof, described in the declaration of F. J. Bos- 
burgh, which land is situate, lying and being in the County of Kern and 
State of California, and more particularly described as follows, to-wit : 





158 


DESERT LANDS. 


The East X of the Northwest X °f Section 18, Township 29 South, 
of Range 27 East, Mount Diablo Base and Meridian ; that he has 
been upon said land, and is acquainted therewith, and that his knowl¬ 
edge of said land is such as to enable him to testify understand- 
ingly with regard thereto; that said land is very dry and arid; that there 
is not sufficient rainfall upon it at any season of the year to produce a 
crop; that it is desert land, and will not produce without irrigation any 
agricultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit ; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he is well acquainted with the above land cov¬ 
ered by the declaration of F. J. Vosburg; that no part of said land has 
been cultivated and there are no settlers thereon, and that said land is 
not subject to overflow, or is the same protected from overflow by levees, 
dams or dikes, or in any manner ; that he has resided in the County of 
Kern and vicinity for about two years, and know the lands embraced in 
the map appended hereto and marked with his name; that by personal 
inspection of said lands he knows that all said lands without the lines mark¬ 
ing the boundaries of the swamp and overflowed lands are desert lands— 
that is, they are of a uniform general character—dry, dusty, desert plains, 
producing little or nothing in their natural state. They are of no value 
for agricultural purposes without their reclamation by irrigation, and that 
no crop can be grown and matured thereon without irrigation by artifi¬ 
cial means ; that by irrigation large crops can be raised and the said lands 
be made valuable, but that their reclamation requires large expenditures 
of money; that he has made examination and is well acquainted with 
theXyterns of canals, ditches, etc., laid down on said map and used in ir- 


DESERT LANDS. 


T 59 


rigating lands in their vicinity ; that the results of said irrigation have 
been to make what was valueless land into valuable farms. 

He is in no manner interested in any land claimed under the Desert 
Land Act. H. Prindle. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of J. W. Rice. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. J 

J. W. Rice, being first duly sworn, deposes and says that he is of law¬ 
ful age and a citizen of the United States, and that he has resided in the 
above named county between four and five years. Deponent, for the two 
years last past, has been Deputy County Assessor of Kern County. In 
pursuance of his duties as Deputy County Assessor deponent has visited 
a large portion of the country represented on the accompanying map ; 
that the map attached hereto, marked Exhibit A,” and signed with the 
name of this deponent, is substantially correct. 

The section of country represented on said map lying north of Kern 
River, and twenty miles east of Delano, and from thence westerly to the 
limits of said map, has been visited by this deponent in pursuance of his 
official business as Deputy County Assessor, and all of said section is 
well known to this deponent; along the banks of Posa Creek, for a mile 
or so on each side, the land produces only a short growth of hardy grass 
fit only for grazing purposes ; none of the land above mentioned will pro¬ 
duce any sort of an agricultural crop without irrigation ; the country lying 
west of the railroad, in Townships 25 and 26 South, of Ranges 23, 24 and 
25 East, as marked on said map, is a barren, desolate region, and a large 
portion of it produces no grass or any species of vegetation ; much of this 
region is covered with sage brush and stunted greasewood of no value 
for any purpose whatever. This whole region is a dry, arid plain, over 
which the rainfall is limited, and never sufficient to produce crops, and 
much of the land is a worthless alkali soil. 

This deponent states that all of the land lying north of Kern River, as 
designated on said map, is worthless for all agricultural purposes without 
irrigation. Deponent has seen the effects of irrigation upon some of said 
lands where ditches have been built, and water, in sufficient quantities to 




i6o 


DESERT LANDS. 


thoroughly saturate the soil, placed upon it. I he effect is, that the land 
produces fine crops of almost any thing with which it may be seeded. 
The value of these lands has been largely enhanced by reason of the irri¬ 
gation ditches built upon them. The taxable value has been much more 
than doubled by reason of irrigation ditches built. 

Deponent further says that he has no interest whatever in any applica¬ 
tion for any land under the Desert Land Act. J. W. Rice. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 


Affidavit of Fordyce Roper. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Fordyce Roper, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern, State of California ; that he is by occupation a miller ; that he 
has been a resident of Kern County aforesaid for three years last past ; 
that he has examined the map hereto annexed, by him subscribed, being 
a part of Kern County, and is familiar with the lands or a great portion 
of those represented on said map ; that his knowledge of said land is such 
as to enable him to testify understanding^ with regard thereto; that said 
lands are dry and arid ; that there is not sufficient rainfall upon them at 
any season of the year to produce a crop ; that all that portion of said lands 
not represented as swamp lands are desert lands, and will not produce 
without irrigation any agricultural crop, and are, in fact, worthless for all 
agricultural purposes, and cannot be made of any agricultural value with¬ 
out irrigation ; that said lands are not timber lands, and that there is not, to 
his knowledge, within the limits of said lands any vein or lode of quartz or 
other rock in place bearing gold, silver, cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said lands, to his 
knowledge, any placer, cement, gravel, or other valuable mineral deposit; 
that no portion of said lands are claimed for mining purposes, within the 
knowledge of affiant ; that said lands are essentially non-mineral lands. 

Affiant further says that he is familiar with the system of ditching now 
being constructed for the reclamation of said lands ; that such reclamation 
involves the expenditure of a large amount of capital, and without which 
the said lands are almost valueless ; that the said lands have been ren- 




DESERT LANDS. 


161 

dered valuable by the construction of ditches alone, and the value of said 
lands has been greatly enhanced thereby. That outside the limits of 
what are known as swamp lands, the said lands are untenantable for agri¬ 
cultural or homestead purposes, and would be totally unreliable for settle¬ 
ments dependent upon the natural rainfall. That he is not aware of any 
of said lands being successfully cultivated without irrigation ; and all at¬ 
tempts so to do have been failures. 

That affiant has no interest in any desert lands in said county, and has 
made no application to enter any lands under the so called Desert Land 
Act. Fordyce Roper. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of John S. Robb. 


STATE OF CALIFORNIA, 

County of Kern. 

John S. Robb being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States and a resident of the County 
and State aforesaid ; that he has resided in said county two and a half 
years or more, on his pre-emptive entry, lying in said county, and de¬ 
scribed and known as the West X of the Northwest X and West X of 
Southwest X of Section 22, Township 29 South, of Range 27 East; that 
during the winter of 187 5-76 he sowed a small crop of barley on said land which 
came up andgrew some five or six inches high, makingafewheads containing 
two to four grains to the head; that from want of sufficient rain and having 
no irrigation this was a complete failure, and his labor and expense lost. 
During the last season, having procured water from Ken\ River (he 
living only one and one quarter miles from said river) he sowed a portion 
of his land to alfalfa and irrigated his land and crop, which has resulted 
in a fine crop of alfalfa; that during the present season he also planted a 
crop of corn on said land, irrigated the same freely, and has made a fine 
and valuable crop of corn. 

Affiant further states that without such irrigation he could not have 
made any crop either of alfalfa or corn. 

Affiant further states that he is well acquainted with the lands lying 
for several miles around his home ; that he deems his land of as good 



6 




DESERT LANDS. 


162 

quality and as likely to produce a crop without irrigation or seep water as 
any he knows, and that he is entirely convinced that he could not raise 
any agricultural crop on his land without free and successful irrigation. 

Affiant further states that since he has resided at his home as aforesaid, 
there has not been sufficient rainfall in any country around him to grow 
and produce any agricultural crop. 

Affiant further states that he has no interest, direct or indirect, in any 
application for the location of desert lands, and guesses that he does 
not want any, for he has not the money to build canals and ditches 
and he considers the land worthless for agricultural purposes without it 
is irrigated. John S. Robb. * 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Allen E. Rose. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Allen E. Rose, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern, and State of California ; that he is by occupation a farmer and 
stock raiser ; that he knows the land, and each legal subdivision thereof, 
described in the declarations of W. H. Clary and George A. Dali, which 
land is situate, lying and being in the County of Kern, State of California 
and more particularly described as follows, to-wit : 

The East y 2 of the Southeast %, and South %, of the Northeast 
X of Section 2, Township 28 South, of Range 25 East, Mount Di¬ 
ablo Base and Meridian ; that he has been upon said land, and is ac- 

m 

quainted therewith ; and that his knowledge of said land is such as to en¬ 
able him to testify understandingly with regard thereto; that said land 
is very dry and arid; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 




DESERT LANDS. 


163 


other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land, 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for about 
eighteen years last past, and has been engaged in farming and stock rais¬ 
ing in said county during the greater portion of such time ; that he has 
examined the map hereto annexed, marked “ Exhibit A,” and by him sub¬ 
scribed, and believes the same to be correct ; that the lands lying between 
Kern River and the Sixth Standard Line, as designated on said map, out¬ 
side the swamp lands, are dry, arid plains, and are of no material value 
for any purpose of farming or stock raising during a greater portion of the 
year. 

That the natural growth of vegetation upon said lands consists of sage 
brush, of little or no value, and alfilerilla and other wild grasses that 
flourish but a short time after the winter rainfall, and afford pasturage but 
a few weeks ; that in early summer the said grasses perish for want of 
moisture, and the said lands become very dry and arid. 

That the only means by which said lands can be made valuable are by 
the construction of canals and ditches, which involves the expenditure of 
a large amount of capital and labor, for the purpose of irrigation. 

That the lands embraced in said application have never been culti¬ 
vated within the knowledge of this affiant ; that the same are not subject 
to overflow and do not require protection therefrom by any artificial 
structures 

That affiant has no interest in the said applications, directly or indi¬ 
rectly, nor in any application under the so-called Desert Land Act. 

Allen E. Rose. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


164 


DESERT LANDS. 


Affidavit of B. K. Said. 


STATE OF CALIFORNIA, ) 

. > ss. 

County of Kern, j 

B. K. Said, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident ot the County of 
Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof described in the 
declaration of J. B. Haggin, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The South X of the Southeast X> ar *d the South ]/ 2 of the South¬ 
west X °f Section 6, Township 30 South, of Range 26 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard there¬ 
to ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop ; 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation; that said land is not timber 
land, but has some cottonwood trees on it, of no commercial value, 
and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen- 
tiallv non-mineral land 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in said County of Kern since 
February, 1873, and now resides there; that he has examined the map 
hereto annexed and states that the same is correct; that he has examined 
particularly and knows the character of the land hereinbefore described 



DESERT LANDS. 


J 6S 

and enclosed in red lines on said map, which is signed by him; that he 
has been over much of the other lands set out and delineated on said 
map, and has a general knowledge of the balance of said land; that all of 
said lands lying north of Kern River, and the segregated line of swamp 
and overflowed lands on Buena Vista Slough, are much of the same char¬ 
acter, differing mainly in the constitution of the soil, some being more 
loose and sandy than other parts, and a scanty vegetation growing 
thereon; that on the line of said map, marked Goose Lake Slough and ad¬ 
jacent to it, there is a growth of willow thickets and some cottonwoods; 
much of the balance has patches of sagebrush, part a growth of noxious 
weeds, with scattering clover-like grass, and some spots of alfilerilla, 
springing up in the early part of the year and parching and drying up 
as soon as the hot weather sets in ; that the whole of said land is 
useless for agricultural purposes without irrigation; that since the com¬ 
mencement of his residence here the rainfall has been wholly insufficient 
to produce agricultural crops, and enable farmers to make a living; that 
all of said lands as above mentioned are dry, arid, desolate, desert lands, 
unfit to cultivate or make a living on by cultivation without irrigation, 
nor does the growth of the grasses aforesaid ever grow sufficiently to be 
cut for hay or gathered and saved for feed. 

Affiant further states that at the time he came to reside in said coun¬ 
ty he became a pre-emptor of the Southeast X °f Section 34, Township 
29 South, of Range 25 East, and that he still resides on that land, and 
that other persons at or about the same time, pre-empted or filed home¬ 
stead claims on lands near to the eastward of his settlement to near the 
Kern River, and along and adjacent to said Goose Lake Slough ; that 
said settlers combined and formed a company to build the Pioneer 
Ditch, now known as the Old Pioneer Ditch; that they expended 
all the means they could possibly spare from their subsistence and 
worked with their teams on said ditch, up to the winter of 1875; 
that such combined effort on their part was a failure and did not enable 
them to successfully irrigate their lands and make remunerating crops. At 
this time said settlers, seeing that they were not able to make a ditch of 
sufficient size, and Messrs. Haggin & Carr offering to become stockholders 
in said Pioneer Ditch Company, and advance all the money which was 
necessary to construct a sufficient ditch, and allow the settlers and stock¬ 
holders to return said advance in small monthly installments, or by work 
on the ditch works, which offer was accepted and the ditch constructed 
in time for the crop of 1876, which was a success—the said ditch having 
cost over $30,000. 

Affiant further states that without such advance of money no sufficient 
ditch could have been built within five years by the settleis, who were 


166 


DESERT LANDS. 


disheartened and ready to sell out at any reasonable price to cover their 
outlay and work. He further states that he was acquainted with 
all of said settlers, and knows of his own knowledge that no pre- 
emptor would file on land that he did not think he could bring the water 
on, and that his next act after filing would be to secure a water right, 
knowing that his pre-emption land would be worthless to him unless 
he could irrigate it. 

This affiant further states that he knows of his own knowledge that the 
course pursued by the said Haggin & Carr toward individuals among the 
settlers who had expended their all in attempting to irrigate their lands, 
in furnishing them seed to put their land in cultivation again, resulted in 
great personal benefit to those settlers; and affiant further states that the 
large expenditures of money in this county and on these desert lands has 
been a great public benefit to the county and has added materially to its 
prosperity. 

This affiant further states that he is in no manner, shape or form inter¬ 
ested in the location of the land named and described in the said declar¬ 
ation. B. K. Said. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


[Affidavit of G. Sawyer. 


STATE OF CALIFORNIA, 

County of Kern. 

Gustave Sawyer, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a butcher and 
stock dealer; that he knows the land, and each legal subdivision thereof, 
described in the declarations of Wm. G. Long and J. J. Meagher, which 
land is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to-wit: 

The Northwest X (by Meagher), and the South X and Northeast 
X of Section 12. Township 27 South, of Range 25, East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto; 
that said land is very dry and arid; that there is not sufficient 





DESERT LANDS. 


167 


rainfall upon it at any season of the year to produce a crop; that 
it is desert land, and will not produce without irrigation any agri¬ 
cultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declarations of Wm. G. Long and by Meagher ; that he knows there are 
no settlers thereon, and no part of said land has been cultivated, and that 
the same is not subject to overflow, or is the same protected from over¬ 
flow by dams, dikes or ditches or in any artificial manner ; that he has 
examined the map hereto appended and marked with his name, and that 
he believes said map to be substantially correct ; that he has been a resi¬ 
dent of the County of Kern, State of California, for many years, and has 
been on and over the land laid down on said map at various times, and 
often every year for a period of twenty-three years, and since the year 1854; 
that all of said land without the boundaries of the lines marking the limits 
of the swamp and overflowed lands, are in truth and in fact desert lands ; 
that in their natural state they produce nothing but a scanty herbage, 
mostly an alfilerilla grass that springs up following the spring rains and 
which never attains a height of more than two or three inches, and 
never growing in quantity or height sufficient for cutting hay ; that said 
grasses and herbage dries up and dies early in May of each year, leaving 
said land a dry and dusty plain for eight or ten months of every year ; 
that in his twenty-three years’ knowledge of said land he has never 
known a year a crop could be produced without irrigation ; that said 
lands are of a uniform, general character ; that they are desert and will 
produce no agricultural crop without reclamation by irrigation, and a con¬ 
tinual irrigation from planting till harvest ; that the reclamation of said 


i68 


DESERT LANDS. 


land will require large capital or associated labor of communities or 
colonies. G. Sawyer. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of William H. Scribner. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

William H. Scribner, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California; that he is by occupation a mer¬ 
chant ; that he knows the land represented by the map hereto annexed, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said land 
is very dry and arid 3 that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is 
not to his knowledge, within the limits of said land, any vein or lode 
of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
and to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 




DESERT LANDS. 


169 


Affiant further says that there are no settlers on the said land ; 
that no part thereof has been cultivated; that the same is not 
subject to overflow or is the same protected from overflow by dams, 
dikes, or ditches, or in any manner; that he has been a resident 
of Kern County for four years last past; that he has examined 
the map hereunto signed with his name ; that he believes the same 
to be substantially correct ; that all the lands not included within the lines 
marking the boundaries of the swamp and overflowed lands on said map 
are in truth desert lands; that the same will produce no agricultural crops 
without irrigation, and that they in their wild state produce little or noth¬ 
ing of vegetation kind that is of any value to man, save a sparse growth 
of alfilerilla grass, that never attains any height, and which dries up and 
dies soon after the fall of the winter rains, leaving said lands a dry, dusty 
plain for eight or ten months of every year. That said lands are utterly 
valueless unless they be reclaimed by a system of irrigation ; but when 
they are so reclaimed they produce very abundantly when irrigation is 
followed from the time of sowing the seed until the same is ripened; that 
the rainfall of the country is never sufficient for the purpose of farming 
these lands, and the same can only be made valuable by reclamation by 
irrigation, which involves capital or united labor of organized communi¬ 
ties. 

That he is not interested in any lands sought to be acquired under the 
Desert Land Act. Wm. H. Scribner. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of George Seckel. 


STATE OF CALIFORNIA, 

City and County of San Francisco. 

George Seckel, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the City 
and County of San Francisco and State of California ; that he is by oc¬ 
cupation a ; that he knows the land described in the declara¬ 

tion of E. T. Raum, which land is situate, lying and being in the County 
of Kern, State of California, and more particularly described as follows, 
to-wit : 

The South ]/ 2 of Section 30, Township 29 South, of Range 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 





DESERT LANDS. 


170 

is acquainted therewith ; and that his knowledge of said land is such as 
to enable him to testify understanding^ with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that 
there is not, to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land, to his knowledge, any placer, cement, gravel or other 
valuable mineral deposit ; that no portion of said land is claimed for 
mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County, 
as indicated by the accompanying map hereto attached ; that none of 
said land, except the swamp land, will in an ordinary season produce an 
agricultural crop without irrigation ; that he verily believes most of the 
land designated as swamp land in that section of country, after reclama- 
requires irrigation to produce a crop. 

Affiant furthsr says that he was interested with O. P. Calloway in the 
ditch marked “Calloway Ditch,” on the map hereto attached ; that he 
knows the land along said ditch as far north as Lerdo, as marked on 
said map ; that it is all dry land and desert land, as defined by the Act of 
Congress approved March 3d, 1877, entitled “An Act to Provide for the 
Sale of Desert Lands that he was on the works of said canal for seven 
months of the year, and he is satisfied from his observation and from in¬ 
formation obtained when on said works that no land indicated by said 
map will produce an agricultural crop without irrigation ; that he has been 
on the lands south of Kern River shown on said map, and the same are 
dry, and as he believes, incapable of producing any agricultural crop with¬ 
out irrigation, except the swamp lands, and that they when drained, will 
have to be irrigated to produce an agricultural crop. 

Affiant also says that a map of a part of Kern county hereto attached 
marked with his initials is substantially correct. 


Geo. Seckel. 


DESERT LANDS. 


171 


STATE OF CALIFORNIA, ^ 

,. }>ss. 

City and County of San Francisco. J 


I, L. S. B. Sawyer, Commissioner, and Clerk of the U. S. Circuit 
Court Ninth Circuit District of California, it being a Court of Record 
and having a seal, do hereby certify that the foregoing affidavit was sub¬ 
scribed and sworn to before me by George Seckel, on this 1st day of Oc¬ 
tober, A. D. 1877 ; and I do further certify that said affidavit was read to 
the said George Seckel previous to his name being subscribed thereto ; 
and that deponent is a respectable person, to whose affidavit full faith 
and credit should be given. 


seal 


In witness whereof, I have hereunto subscribed my name and 
affixed the seal of said Court this 1st day of October, A. D. 
1877. 


L. S. B. Sawyer, 

Commissioner, and Clerk of the U. S. Circuit Court, Ninth Circuit Dis¬ 
trict of California.. 


Affidavit of D. A. Sinclair. 


STATE OF CALIFORNIA, 

County of Kern. 


S3. 


D. A. Sinclair, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a miner ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Frank Lavine, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly de- 
cribed as follows, to-wit : 

The South yi of the South X? and the Northwest % of the Southwest 
of Section 18, Township 28 South, of Range 25 East, Mount 
Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 




172 


DESERT LANDS. 


land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or load of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is 
not within the limits of said land to his knowledge any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise that no portion of said land is worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation 
requires irrigation to produce a crop. 

Affiant further says that he is a citizen of the United States, of lawful 
age, and that he has been a resident of Kern County, California, for the 
last twelve years ; that for the period of six years since his said residence, 
he has been the Treasurer of said county. 

Deponent further says that the said map annexed hereto, marked “Ex¬ 
hibit A,” and bearing the signature of this deponent, is substantially cor¬ 
rect ; that he is familiar with the section of country described in said 
map, and that during his residence in said county, he has traveled over a 
large portion of said section ; that he is acquainted with the general char¬ 
acteristics and agricultural value of said lands ; that this whole section is 
a vast, arid plain of no value for agricultural purposes without irrigation, 
and that the rainfall, which is very meagre, is not sufficient to produce a 
crop ; that some portions of this land produces, during the rainy season, 
a small, hardy grass of no value for any purpose save grazing ; that the 
sage brush and willow and cottonwood timber are valueless for com¬ 
mercial purposes. 

Deponent is familiar with, and has observed, the favorable effects pro¬ 
duced upon these desert lands by means of irrigation, and when they are 
properly irrigated, and the lands saturated with water, they produce in¬ 
variably abundant crops of almost every description. 

The effect of so thorough a system of irrigation upon these lands has 
been of immense benefit to Kern County, developing as it has the capa¬ 
bilities of the soil, and making fertile and productive lands of what was 


DESERT LANDS. 


173 


originally a desert waste. It has also more than doubled the value of the 
lands improved for taxable purposes. D. A. Sinclair. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of A. G. Smith. 


STATE OF CALIFORNIA, 

County of Kern. 

A. G. Smith, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of R. J. Graham, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

All of Section 24, Township 27 South, of Range 25 East, Mount Diablo 
Base and Meridian ; that he has been upon said land, and is acquainted 
therewith, and that his knowledge of said land isjsuch as to enable 
him to testify understandingly with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is^not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with-all the land in that portion 
of San Joaquin or Tulare Valley within the limits of Kern County ; that 
none of said land, except the swamp land, will in an ordinary season produce 
an agricultural crop without irrigation ; that most of the land designated 





174 


DESERT LANDS. 


as swamp land in that section of country, after reclamation, requires ini- 
gation to produce a crop. 

Affiant further says that he has resided in said County of Kern since 
March, 1873, and still resides in said county; that he has examined the 
map hereto annexed and signed by him, and believes the same to be correct; 
that he is well acquainted with the lands above named, and the said lands 
without the lines marking the boundaries of lands laid down on said map 
as swamp and overflowed, are all desert lands, and will produce no kind 
of an agricultural crop without irrigation by artificial means; that said 
lands uncultivated and unreclaimed by irrigation are almost valueless ; 
that as wild lands they produce nothing fit for grazing excepting a scanty 
growth of alfilerilla grass, which springs up after the annual rainfall, but 
never attains any height, being a short, scant herbage that dries up and 
leaves the said land an arid, dry, dusty, desert plain eight or ten months 
of every year. I am well acquainted with said lands and know their char¬ 
acter to be uniform throughout in quality of soil. 

By actual experiment I know that agricultural crops cannot be grown 
on said lands without irrigation; that the annual rainfall will little more 
than sprout seeds sowi'qthereon, and without abundant and continuous ir¬ 
rigation such crops would soon dry up, but with such irrigation immense 
yields of grain are successfully growm ; that the system of canals, ditches 
and flumes that are necessary to carry water for the reclamation of said 
lands requires large capital or aggregated labor of many persons; that I 
know the lands reclaimed from their desert character by the system of 
canals and ditches laid dowm on said map; that said lands were valueless 
until so reclaimed, and by such reclamation they have become very val¬ 
uable. I verily believe that there is not one foot of land outside of 
the boundaries of the swamp land laid dowm on said map that will, wfithout 
irrigation, produce anything but said alfilerilla grass, which is useless as 
a crop and insufficient for pasturage. I believe this from actual experi¬ 
ment, and the narrated experience of every citizen of Kern County with 
whom I have exchanged views, or whom I have heard express opinion or 
tell experience; that there are no settlers on the aforesaid land claimed by 
R. J. Graham; that said land is not subject to overflow, or is the same 
protected by dams, ditches, or in any manner from overflow, nor has any 
part thereof been cultivated. A. G. Smith. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


*75 


Affidavit of A. P, Smith. 


STATE OF CALIFORNIA, } 

> ss. 

County of Kern. ) 

A. P. Smith being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a miller ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of T. B. McMcCauley, which land is situate, lying and be¬ 
ing in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to wit : 

All of Section 8, Township 28 South, of Range 26 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard there¬ 
to , that said land is very dry and arid ; that there is not suffi¬ 
cient rainfall upon it at any season of the year to produce an agri¬ 
cultural crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal ; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit ; that no 
portion of said land is claimed for mining purposes under the local cus¬ 
toms or rules of miners or otherwise ; that no portion of said land is 
worked for minerals during any part of the year by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Tulare and Kern 
Counties for the last twenty-two years, and of the County of Kern for six 
years last past, and is well acquainted with the character of all the lands 
laid down on the map hereto annexed, and which is signed with his 
name; that all of said lands are of the same character and description, 
as the first described tract herein, that it is unfit and useless for agricul- 



176 


DESERT LANDS. 


tural purposes until irrigated; that he has had ample opportunity to ob¬ 
serve and know the said lands, having repeatedly traveled over the same ; 
that all of said lands, except the alkaline portions, are of good quality, 
and will produce fine crops if irrigated, but worthless without it for any 
farming purposes; in fact, he calls and deems all of these lands desert in 
their primitive state, to be reclaimed only by expensive canals and ditches 
beyond the means of any settlers of ordinary means. 

Affiant further states that he has marked around the said first named 
tract laid out on said map with red lines, to point out and desiguate the 
same with certainty ; that he has had occasion to pass over said last 
named tract of land, within the past few days ; that it has never been 
cultivated by any person whatever, either resident or non-resident; that 
it is now entirely bare of any vegetation, except a few sage brush and 
grease wood bushes, and that said land does not require any levees to 
protect it from overflow. 

Affiant further states that he is in no way whatever interested in any 
desert land application or location. A. P. Smith. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of J. E. Smith. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Joseph E. Smith, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of Kern 
County, State of California ; that he is by occupation a blacksmith ; that 
he has resided in Kern County for about nine years last past ; that he is 
acquainted with most of the lands embraced and designated on the an¬ 
nexed plat or map, by him subscribed, of a part of Kern County, State of 
California; that his knowledge of said land is such as to enable him to 
testify understanding^ with regard thereto ; that said land (except the 
swamp land designated on said map) is very dry and arid ; that there 
is not sufficient rainfall upon it at any season of the year to produce an 
agricultural crop; that it is desert land, and will not produce without irri¬ 
gation any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and there is not, to his knowledge, with¬ 
in the limits of said land any vein or lode of quartz or other rock in place 
bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; 




DESERT LANDS. 


177 


that there is not within the limits of said land, to his knowledge, any pla¬ 
cer, cement, gravel, or other valuable mineral deposit; that no portion of 
said land is claimed for mining purposes or worked therefor, and that said 
land is essentially non-mineral land. That he is familiar with the system 
of irrigating ditches constructed for the reclamation of said land ; that 
such reclamation involves the expenditure of a large amount of capital; 
that much of said land has been improved by irrigating ditches, without 
which the said lands are worthless for agricultural purposes. 

J. E. Smith. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of R. A. Smith. 


STATE OF CALIFORNIA, 

/ 00. 

County of Kern. ) 

R. A. Smith, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer and stock 
grower; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declaration of J. K. S. Latham, which land is situate, lying 
and being in the County of Kern, State of California, and more particu¬ 
larly described as follows, to wit: 

The Northeast X °f Section 22, Township 27 South, of Range 24 
East, Mount Diablo Base and Meridian ; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min¬ 
eral deposit; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 





iy8 


DESERT LANDS. 


of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the said Section 32, Township 27 
South, of Range 24 East, and that there are no settlers thereon, and no 
part thereof has been cultivated, and the same is not subject to overflow 
or is the same protected from overflow by dams, ditches, levees or by any 
artificial manner ; that he has been a resident of Kern County since the 
year 1861, and being engaged in stock growing during that time, he has be¬ 
come most thoroughly conversant with the lands designated on said map 
appended, marked with his name ; that the lands without the boundaries 
of lines on said map marking the swamp land, and away from the im¬ 
mediate vicinity of Kern River, are desert lands ; are a dry, dusty, arid 
plain for eight or ten months of each year, and produce little or noth¬ 
ing in their natural state, and that little drying up by the first or middle 
of May of every year ; that said lands are of no possible value for agri¬ 
cultural purposes, unless reclaimed by abundant irrigation, and will pro¬ 
duce no crop unless the same is cultivated and thoroughly irrigated from 
seed time till harvest; that said land may be made to produce abundantly if 
reclaimed by irrigation ; but such reclamation will require large expendi¬ 
tures of money ; that he has no interest in any lands claimed under the 
Desert Land Act. R. A. Smith. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 


Affidavit of Fred. Steinman. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Fred. Steinman being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 




DESERT LANDS. 


179 


declaration of J. C. Cousins, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

The North X and Southwest X °f Section 20, Township 26 South 
of Range 24 East, Mount Diablo Base and Meridian; that he has been 
upon said land, and is acquainted therewith; and that his knowledge of said 
land is such as to enable him to testify understanding^ with regard thereto; 
that said land is very dry and arid; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is, 
in fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is ^worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley, within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that said land covered by said declaration of J. C. 
Cousins is not subject to overflow, nor is the same protected from over¬ 
flow by dams, dikes, levees, or in any artificial manner; that there are no 
settlers on said land, nor is the same, or any part thereof, under cultiva¬ 
tion. 

That affiant is a farmer, and has been a resident of Kern County, and 
engaged in farming therein for more than five years ; that affiant has ex¬ 
amined the map appended to this affidavit, marked with his name, and 
believes the same correct ; that the lands marked thereon without the 
boundaries of land indicated as swamp and overflowed, are desert lands, 
and will produce no kind of agricultural crop without irrigation. 

That he has no interest in any lands claimed under and by virtue of the 
Desert Land Act. Fred. Steinman. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


i8o 


DESERT LANDS. 


Affidavit of J. D. Stockton. 


STATE OF CALIFORNIA, 

County of Kern. 

J. D. Stockton, being duly sworn, deposes and says that he is of lawful 
age, a citizen of the United States, and that he has resided upon Section 
30, Township 31 South, of Range 27 East, Mount Diablo Base and Me¬ 
ridian, as laid down upon the map annexed hereto, for nearly five years 
last past ; that the said map that is marked “ Exhibit A,” and signed 
with the name of this deponent, is substantially correct. 

Deponent further states that during his said residence in Kern County, 
he has become acquainted^with the general characteristics and agricultu¬ 
ral capabilities of said lands, and that he is likewise acquainted with the 
general direction and capacity of the main irrigation ditches which are 
correctly delineated on said map. 

These lands in their primitive state comprise a vast arid plain, almost 
destitute of vegetation, and utterly worthless for agricultural purposes 
without a thorough and expensive system of irrigation. Upon some of 
these lands a growth of sage brush and worthless weeds may be found, 
and other portions produce alfilerilla grass, which grows only during the 
rainy season, attaining a height of only a few inches, fit only for grazing 
purposes, and which withers and dies out during the long dry summer 
season. 

The section hereinbefore mentioned as the residence of this deponent 
is as good land as any of these original desert lands, and upon this sec¬ 
tion deponent has made practical experiments in the way of cultivation, 
which enables him to speak understandingly concerning the value of the 
desert lands, with and without irrigation. Without irrigation these desert 
lands are worthless, with it they may be made very valuable and highly 
productive, the yield of some portions, properly cultivated and abun¬ 
dantly watered, being almost fabulous. 

Deponent during last year raised upon portions of said land, by means 
of irrigation, forty bushels of barley to the acre. This land, the present 
year, was sowed in wheat, which was an utter failure by reason of the 
failure of water for irrigation; a portion of this section this season was 
planted in potatoes; the land was thoroughly irrigated and cultivated 
with care and judgment, and the result was the enormous yield of six 
thousand pounds to the acre, and the crop was of very fine quality. 

On a portion of the same land, last year, with proper irrigation and 
care, a crop of pumpkins yielding sixty thousand pounds to the acre 
was produced. The same land was seeded this year with the same crop, 




DESERT LANDS. 


181 

but because of the failure of water resulted in a complete and total 
failure of the crop. 

These facts certainly demonstrate that these lands are of the character 
above described. Irrigation, to be successful, must be so applied as that 
the moisture from above reaches the moisture below, and when this plan 
is adopted and carried out, the lands produce fine crops of almost every 
quality. 

By means of the system inaugurated and carried out in portions of 
Kern County, which enables the land to be perfectly saturated with water, 
the lands so improved have been greatly enhanced for taxable purposes 
and the general result has been of great advantage to the whole country. 

The facts stated in this affidavit are not derived from the observation 
of others, but are the actual results of affiant’s own personal experience. 

Deponent further states that he has no interest, direct or indirect, in 
any application for lands under the Act of Congress known as the Desert 
Land Act. J. D. Stockton. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of T. A. Stoutenburgh. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

T. A. Stoutenburgh, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California;^ that he is by occupation an attorney at 
law ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of Charles Burrell and John C. Ball, which 
land is situate, lying and being in the County of Kern, State of Califor¬ 
nia, and more particularly described as follows, to-wit: 

All of Section 18, Township 26 South, of Range 24 East, and all of 
Section 6, Township 26 South, of Range 24 East, Mount Diablo Base and 
Meridian; that he has been upon said land, and is acquainted there¬ 
with ; and that his knowledge of said land is such as to enable him to testify 
understanding^ with regard thereto ; that said land is very dry and arid; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop; that it is desert land, and will not produce without irriga- 




182 


DESERT LANDS. 


tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal ; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County ever 
since its organization in 1862, and that he lived in the present limits of 
said county before its organization. During six or seven years of said 
residence in Kern County he has been employed in the Sheriff’s office of 
said county, and that he is perfectly familiar with the character of the 
soil and the agricultural value of the lands described on the accompany¬ 
ing map, which said map is marked “ Exhibit A,” and contains the sig¬ 
nature of this deponent; that the whole of the region of country described 
on said map is desert land ; a vast arid plain, unfit for any agricultural 
purpose whatever without irrigation, the natural rainfall of any season 
being totally insufficient to produce crops of any kind. Upon some por¬ 
tions of this land a short hardy grass grows, fit only for grazing purposes, 
which springs up during the rainy season, but withers and dies under the 
action of the summer’s sun. This whole region is unfit for cultivation 

Deponent is also familiar with the irrigation ditches constructed in said 
county, and he also knows the effect of thorough irrigation when tried 
upon said lands. These desert lands when thoroughly irrigated and satu¬ 
rated with water produce very abundant crops of various kinds, and 
when properly irrigated and attended to the failure of the crop is a thing 
unknown. The building of these ditches has converted the desert 
through which they are constructed into a fertile and exceedingly product¬ 
ive farming region, added largely to the taxable property of the county, 
and affords additional homes for many families. Without these ditches 
this region would soon relapse into its original state of utter worthless¬ 
ness for any farming purpose, as the natural grasses which grow on some 


DESERT LANDS. 183 

portions of the land are only fit for grazing during a few months in the 
y ear - T. A. Stoutenburgh. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of W. W. Staff. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

W. W. Staff, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a 'resident of the 
County of Kern and State of California ; that he is by occupation a team¬ 
ster ; that he knows the land, and each legal subdivision thereof, described 
in the declaration of Frank L. Coffee, which land is situate, lying and be¬ 
ing in the County of Kern State of California, and more particularly de¬ 
scribed as follows, to-wit: 

The East %. of the Southeast X? of Section 22, Township 28 South, of 
Range 26 East, Mount Diablo Base and Meridian > that he has been up- 
said land, and is acquainted therewith, and his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is, in fact, 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern Coun¬ 
ty ; that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 




184 


DESERT LANDS. 


land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he has resided in said county about ten years 
last past, and his occupation has enabled him to travel on and pass over 
a great portion of the lands of said county. 

That he has examined the annexed map, by him subscribed, and be¬ 
lieves the same to be substantially correct; that the lands represented by 
said map, lying between Kern River and the Sixth Standard Line (out¬ 
side the swamp lands designated thereon) are dry, arid plains for about 
ten months of the year. 

That the natural growth of vegetation thereon consists ot worthless 
sage brush, and a variety of wild grasses that grow for a short time after 
the winter rains, but perish in early summer for want of moisture. 

That the lands embraced in said application have never been settled 
upon or cultivated by any one within the knowledge of affiant, and are not 
subject to overflow, and do not require protection therefrom by artificial 
structures. 

That affiant has no interest in any lands sought to be entered under 
the so-called Desert Land Act. W. W. Staff. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of George Teasdale. 


STATE OF CALIFORNIA, } 

> SS. 

County of Kern. ) 

George Teasdale, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a restaurant 
keeper ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of George D. Little, which land is situate, lying 
and being in the County of Kern, State of California, and more particu¬ 
larly described as follows, to wit: 

The West X and Northeast X of Section 32, Township 28 South, of 
Range 26 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith; and that his 
knowledge of said land is such as to enable him to testify under¬ 
standing^ with regard thereto ; that said land is very dry and 




DESERT LANDS. 


185 

arid; that there is not sufficient rainfall upon it at any season of the 
year to produce a crop; that it is desert land, and will not produce with¬ 
out irrigation any agricultural crop, and is, in fact, worthless for all agri¬ 
cultural purposes, and cannot be made of any agricultural value without 
irrigation ; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he has resided in the county aforesaid nearly 
three years ; that he has examined the map hereto annexed and signed 
with his name, and believes the same to be correct; that he has drawn 
red lines around the section of land above named and described herein 
on said map to more fully point out and designate the same. 

Affiant further states that he has passed over the said land recently; 
that it is very dry, arid and desolate, with nothing growing on it but a 
little sage brush, with no feed of any kind whatever ; that it is emphatic¬ 
ally desert land ; that the soil is of good quality, and if freely irrigated the 
said land would be very fertile and productive, but that the expense of 
constructing a canal to it is far beyond the means of the average settler. 

Affiant further states that said land has never been cultivated by any 
one; and that it does not require levees to be built around it to protect it 
from overflow. 

Affiant further states that he is the owner of the Northwest X of Sec¬ 
tion 10, Township 30 South, of Range 28 East, laid down on said map; 
that he has not cultivated said land as yet, for the reason that it is worth¬ 
less to him until he can bring the waters of Kern River on it, when it will 
be very valuable. 

Affiant further states that he has no interest in any manner or form in 
any application for the location of desert land. 

George Teasdale. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


186 


Affidavit of George F, Thornton. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

George F. Thornton, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California ; that he is by occupation a far¬ 
mer ; that he knows the land, and each legal subdivision thereof, described 
in the declaration of T. J. Powers, which land is situate, lying 
and being in the County of Kern, State of California, and more particu¬ 
larly described as follows, to wit: 

The Southeast X °f Section 24, Township 31 South, of Range 26 East, 
Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith ; and that his knowledge of said land 
is such as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion ol said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in said County of Kern since 
the 9th day of January, 1874. That he is General Superintendent for J. 
B. Haggin and W. B. Carr in said county, and has had charge and super¬ 
vision in farming their lands, laying out and constructing ditches and irri¬ 
gating canals, and general*supervision of their interests in said county. 
That during the time he has been so engaged a large amount of land has 



DESERT LANDS. 


187 

been reclaimed. That the map hereto attached, marked “ Exhibit A,” 
with initials “ G. F. T.” is correct, and among other things shows the 
townships, ranges and sections of the valley land situated north of Kern 
River and east of Buena Vista Slough and Tulare Lake. That the land 
marked red on said map has been reclaimed and put under cultivation 
since affiant took charge of the business of Haggin & Carr, as aforesaid. 
That said land so marked red when affiant first commenced operations in 
Kern County was desert land, and incapable of producing any agricultu¬ 
ral crop. That before it was .possible to cultivate and raise crops upon 
said land it was necessary to irrigate the same. That under affiant’s 
supervision all the said land so marked has been irrigated by various 
ditches and canals, at great post. That it was not only necessary to con¬ 
struct ditches and canals through said lands, but it was also necessary to 
construct lateral ditches and to flow the land with water in order to make 
it capable of producing crops. That at first it required a very large amount 
of water to so saturate the ground as to make it capable of producing. 
That frequently it became necessary, on account of the dry and porous 
character of the land, to have large streams of water flowing upon it for 
months before the soil became fully saturated. That the land so re¬ 
claimed and marked red on said map as aforesaid was so dry and porous 
that it required, on an average, to reclaim and make it fit for cultivation, 
to run water upon it to the amount of from two to four cubic feet to the 
square foot of surface ground. That after the land has been once satu¬ 
rated with water a less amount is required, but it must be continually irri¬ 
gated or it will relapse into its original state. That affiant has experi¬ 
mented thoroughly with the lands on Kern Island, and particularly with 
the lands marked in red as aforesaid, which are as moist and as fertile as 
any of the lands on said island, and is able to state from actual experience 
that it has been utterly impossible, during his residence in said county, to 
raise any kind of an agricultural crop upon said land without irrigation. 
That in many instances where crops have been planted upon irrigated 
land the same have failed on account of a failure of the supply of water. 
That during the year 1876 there was an abundant supply of water, and 
that on thirteen hundred acres of irrigated land forty-five hundred tons of 
alfalfa hay were produced in that year. That during the present year the 
supply of water has been insufficient, and the same land has only pro¬ 
duced two thousand five hundred tons of hay ; and the alfalfa which was 
during the year 1876, green and flourishing, is now dried and yellow. 
That if the supply of water were cut off from said land the alfalfa would 
all die and the land relapse into its desert condition. That the rainfall is 
wholly insufficient for agricultural purposes in the valley land of Kern 
County, except the swamp land, and the greater portion of the swamp 


188 


DESERT LANDS. 


land requires irrigation after the water has been drained off before it will 
produce a crop. That in the country about the delta of Kern River there 
is less rainfall than in any other portion of California west of the Sierra 
Nevada Mountains. That its peculiar location at the head of the great 
valley that extends through the heart of the State is such that the moun¬ 
tains on either side so break the storms as to prevent much rainfall in 
that locality. That there is a large section of this valley which can be 
reclaimed by means of the waters of Kern River, which would otherwise 
be useless for agricultural purposes. That Kern River is a fine stream of 
water, having its source of supply far up in the Sierra Nevada Mountains, 
so that in the spring of the year the melting of the snows keeps up the 
supply of water till the summer has far advanced, and on this account it 
is one of the finest streams of water in the State for the purpose of irri¬ 
gation, the high water being at the time most required by the farmers. 
That in attending to the business of Haggin & Carr affiant has found it 
necessary to visit all parts of Kern Island, and to pass over the same fre¬ 
quently. That he has no knowledge during his residence in said county 
that any attempt has been made by any one to produce an agricultural 
crop without irrigation, but many crops have been sown with the expecta¬ 
tion that the parties planting these would be able to irrigate the land, 
but where from any cause they were unable to do so their crops have been 
a total failure. That the only places in the valley in said county that can 
be termed exceptions are a few pieces of swamp land so situated as to re¬ 
tain their moisture by seepage after reclamation, and except also where 
the water has been diverted into sloughs and ditches for irrigating pur¬ 
poses and the seepage has extended a short distance, irrigating the ground 
without necessity of turning the water upon the surface. The land thus 
reclaimed by means of seepage is to all intents and purposes irrigated 
land, and the quantity is so limited as to be of very little consequence. 

Affiant further states that he is acquainted with the land on the north 
side of Kern River in said county lying between the swamp land border¬ 
ing on Buena Vista Slough and Tulare Lake, and the line of the South¬ 
ern Pacific Railroad. That said land is dry and arid ; that during eight 
months of the year no grass grows thereon. That in the rainy season a 
kind of wild grass springs up, some two or three inches high, which fur¬ 
nishes feed for sheep, but as soon as the hot weather commences is burned 
up and destroyed, leaving the whole appearance of the country a barren 
waste. That the said body of land is wholly worthless for agricultural 
purposes without irrigation. That no one has ever attempted to produce 
a crop on said land without irrigation. Any such attempt would be re¬ 
garded as evidence of insanity That some years ago a man by the name 
of Calloway got up a scheme to direct the waters of Kern River by means 


DESERT LANDS. 


189 


of a large irrigating canal, to reclaim a portion of this body of land. That 
after making the surveys and expending a large amount of money he was 
unable to complete his undertaking, and work was suspended thereon. 
That J. B. Haggin and his associates purchased a large number of the 
odd sections along the line of said ditch from the Southern Pacific Rail¬ 
road Company, and in connection with other parties who have located a 
portion of the even sections under the Desert Land Law are now prose¬ 
cuting the construction of the ditch, commenced by Calloway, with great 
vigor. 

That said ditch is eighty feet wide at the bottom and four feet deep, 
and is now constructed some seven or eight miles from the river, and 
with a large force the work is being prosecuted at the rate of over a mile 
a month. This enterprise will reclaim a large section of country and 
make it available for farmers, which otherwise would be utterly worthless 
for agricultural purposes. That about the time affiant entered into the 
employment of Haggin & Carr, as above mentioned, other parties en¬ 
gaged in constructing ditches, reclaiming and farming the land in said 
county. That the enterprise of these gentlemen, and others, during the 
last five years, has not only demonstrated the benefits of irrigation, but 
has already produced and is producing such satisfactory results in this 
section of country as to induce others to engage in like enterprises in dif¬ 
ferent sections of the State and of the Pacific Coast. That previous to 
the inauguration of irrigation upon Kern River, this section of country, 
although in the central portion of California, had remained for many 
years, after having been surveyed, idle and unappropriated, and it was 
only by energy and a great outlay of capital that these results have been 
produced. That the land when irrigated is much more productive than 
land in the country where there is sufficient rainfall for agricultural pur¬ 
poses, for the reason that the climate is warm, seasons long, and several 
■crops can be produced in a single year, and irrigation enriches the soil so 
that it does not become exhausted. But to obtain the full benefits of irri¬ 
gation constant labor and attention are required, and consequently it fur¬ 
nishes profitable employment for many more people than are required 
upon the same quantity of any other land. In view of these facts and 
the necessity of actual settlement to make these lands available, Hag¬ 
gin & Carr have inaugurated a system whereby any settler who is an 
industrious man can go upon a quarter or half section of said land, undei 
the following arrangement, viz : Haggin & Carr to construct ditches and 
canals to the land, build on each three hundred and twenty acres a house 
and a barn and sink a well, and furnish the settler with seed for the first 
year and give him the land and water rent free during the first year, the 
settler returning the seed furnished for the crops raised; after which they 


190 


DESERT LANDS. 


allow him to cultivate the land and retain three-fourths of the crop, re¬ 
turning to them one-fourth. They also give such settlers the privilege of 
purchasing the land at any time on long credit, at a fair valuation. 

That under this liberal arrangement a large number of persons have 
already gone upon this land, and applications are continually being made 
for more and accepted. By this means they expect to make a fair profit 
for themselves while they furnish homes for a large number of settlers. 
Irrigated land cannot remain uncultivated. The amount invested is too 
large. Other lands may be monopolized by large land owners, to the ex¬ 
clusion of settlement; but irrigated land must be occupied, or it is impracti¬ 
cable to hold it. That the principal ditches and canals marked on the 
annexed map are correctly laid down, and show the actual method adopted 
to reclaim said land. These ditches with their lateral branches not on the 
map have already cost over two hundred and fifty thousand dollars, all of 
which would be a useless expenditure if the land did not require irriga¬ 
tion and would produce an agricultural crop without. That the ditches 
and canals on Kern Island alone, for an extent of country less than six 
townships, have cost up to this time over two hundred thousand dollars, 
and not one-fourth of the land is yet irrigated. Affiant has repeatedly 
traveled over said land and every part thereof, and is familiar with the 
lines of the Government survey on said lands, and has examined minutely 
every quarter section thereof, having made it a business to do so for the 
purpose of informing his employers of the character of every part thereof. 
This affidavit is made from the knowledge obtained by such examination, 
and not upon information obtained from others, except as herein stated. 
The following statement of facts shows the beneficial effects that these 
desert lands derive from a thorough, practical system of irrigation, such 
as has been inaugurated and carried out upon a portion of the lands in 
Kern County belonging to Messrs. Haggin & Carr. 

During the year 1875 the Belle View Ranch, of which there were only 
six hundred acres under cultivation produced the following yield, viz; 
Barley, 12,400 bushels; wheat, 1,600 bushels; corn, 800 bushels; alfalfa 
hay, 800 tons. 

Without the water placed upon the lands by means of the irrigation 
ditches not a pound of this yield would have been secured. During this 
year a portion of the crop on this ranch was badly damaged, and nearly 
lost by reason of failure to get water in some of the ditches in due season 

In the year 1876 the following acreage was seeded on Belle View 
Ranch: On Section 8, in wheat, 65 acres; on Section 7, in wheat, 175 
acres ; on Section 5, in wheat, 43 acres ; on section 8, in barley, 197 acres ; 
on Section 5, in barley, 273 acres; on Section 12, in alfalfa, 278 acres; on 
Section 6, in alfalfa, 393 acres; on Section 7, in alfalfa, 335 acres; on 


DESERT LANDS. 


191 

* 

Section 8, in alfalfa, 10 acres ; on Section 5, in alfalfa, 176 acres. Total 
number of acres seeded, 1,945. 

The following was the yield of the various crops: Hay, 4,359 tons » 
wheat, 6,630 bushels ; barley, 14,610 bushels. Five hundred tons of hay 
were destroyed this year on said ranch by fire, which are not included in 
the above estimate. 

The Keys Ranch (a portion of the Belle View Ranch) was operated 
during the year 1876, by Messrs. Haggin & Carr, under the supervision 
of T. J. Keys, with the following result: Number of acres seeded: Sec¬ 
tion 4, in wheat, 127 acres; Section 9, in wheat, 49 acres; Section 4, 
in barley, 193 acres; Section 9, in barley, 46 acres; Section 3, in barley, 
98 acres; Section 4, in alfalfa, 138 acres; Section 9, in alfalfa, 128 acres; 
Section 3, in alfalfa, no acres. 

This acreage produced as follows: Wheat, 4,179 bushels ; barley 
7,675 bushels; alfalfa hay, 489 tons. 

This small yield of various crops, compared with the number of acres 
seeded, was due to the partial failure of irrigation water. On the land 
cultivated by Messrs. Haggin & Carr, known as the McClung Ranch, the 
following acreage was seeded during the year 1876: Barley and alfalfa, 
326 acres; alfalfa, 63 acres ; corn, 40 acres. 

This produced as follows: Barley, 13,400 bushels ; corn, 700 bushels; 
alfalfa hay, 628 tons. 

In the year 1877, on that portion of the Belle View Ranch managed by 
M. F. Taylor, and known as the Keys Ranch, there was raised: Grain, 
16,000 bushels; hay, 3,000 tons; corn, 800 bushels; and on that portion 
composing the Belle View Ranch proper: Grain, 25,000 bushels; hay, 
2,500 tons, and about 500 bushels of corn. 

In 1877, on the McClung Ranch there was raised: Barley, 11,500 
bushels; wheat, 6,500 bushels; corn, 2,500 bushels ; hay, 1,500 tons. 

On the same ranch, in the year 1876, one thousand head of cattle, and 
twenty -five hundred head of sheep were furnished feed for an average of 
three months during said year, and in the year 1877 the average through¬ 
out the season was three hundred head of cattle and fifteen hundred head 
of sheep. 

The following statement will show the large number of men employed 
on the several ranches of Messrs. Haggin & Carr for the time, and at the 
cost therein specified, which is about an average statement of their ex¬ 
penses during the year; the wages paid said laborers and employes vary¬ 
ing from one dollar per day, for each day’s work performed, to two hun 
dred and fifty dollars per month: 


192 


DESERT LANDS. 


RANCH. 

DATE. 

TIME. 

NO. MEN. 

COST. 

Belle View... 

Nov. 1, 1876, to Oct. 1, 1877 

10 months. 

168 

$47,367 21 

Keys’. 

Feb. 1, 1877, to Oct. 1, 1877 

8 months. 

96 

18,537 17 

McClung .... 

Feb. 1, 1877, to Oct. 1, 1877 

8 months. 

92 

17,644 20 


The sum of thirty-nine hundred and two and 49-100 dollars was also 
expended on the Lake Ranch for labor alone, for a period of seven 
months, commencing on the first day of February, 1877. Besides the 
wages paid employes by Messrs. Haggin & Carr, all of their employes 
are boarded by them at an average expense, per man, of fifty cents per 
day. 

The following recapitulation will show the amount of money expended 
by Messrs. Haggin & Carr for labor alone, during the brief period above 


mentioned: 

Amount paid for labor on Belle View Ranch for 10 months.$47,367 21 

Amount paid for labor on Keys’ Ranch for 8 months. 18,537 17 

Amount paid for labor on McClung's Ranch for 8 months. 17.644 20 

Amount paid for labor on Lake Ranch for 7 months. 3-902 49 


Making the total amount expended.$87,451 07 

Amount paid out in Kern County for supplies furnished and used by 

the employees, from January 1, 1877, to October 1, 1877.$14,489 83 


Labor expense.$101,940 90 


This sum does not include the very large amount expended in San 
Francisco for supplies purchased for and used by employes in Kern 
County during the time above indicated, but it is sufficient to show the 
confidence the owners of these lands have in the ultimate success 
of their irrigation schemes in Kern County. 

The following sums have been expended on the main irrigation ditches 
by Messrs. Haggin & Carr in this county, they having paid the entire 


amounts specified: 

Goose Lake Canal. $5,651 90 

James & Dixon Canal’. 1.239 65 

Branch of James Dixon Canal. 678 35 

High Canal . 736 57 

Stockton Canal. 71 73 

James Canal (in progress). 13.137 33 


iotal .$21,515 55 

The following named main irrigation ditches were ’projected by resi¬ 
dents of Kern County, who were anxious to put water upon their lands, 
but the original undertakers of these enterprises were unable to carry 
them out, when Messrs. Haggin & Carr came forward and advanced the 
money necessary to complete them, taking stock in said ditches propor- 
































DESERT LANDS. 


193 


tionally with the stockholders. The following statement shows the names ' 
and cost of said ditches : 


Buena Vista Canal.$16,947 2 3 

Pioneer Canal. 37,214 21 

Stine Canal. 25,122 88 

Calloway (in progress). 

Cost to October 1, 1877... 14,614 40 


$93,898 72 

Expense of other canals. 21 515 55 

V _ 

Total canal expense .$115,414 27 

These figures, indicating the cost of irrigating improvements, do not 
include the very large sums expended upon the various ranches of Messrs. 
Haggin & Carr in their construction of the almost innumerable expen¬ 
sive cross-ditches which are necessary to conduct the water upon the 
lands sought to be cultivated. None of these heavy expenses for irri¬ 
gating ditches would have been made had it been possible to cultivate 
this land without a thorough system of irrigation. By means of a rota¬ 
tion of crops and a well directed system of irrigation, this deponent has 
observed the production of forty bushels per acre, a crop of corn, and a 
fine voluntary crop of barley hay within one year’s time. 

Upon a choice piece of land on the Belle View Ranch, Section 8, Town¬ 
ship 30 South, of Range 27 East, as shown on the map, during the 
year 1876 ninety-two and one-half bushels of barley to the acre were pro¬ 
duced, and this land, without irrigation, would produce no crop at all. 

From the facts and figures hereinbefore given, the very beneficial effects 
of a perfected system of irrigation are readily apparent. 

The lands thus improved have been greatly enhanced in value, and the 
taxable property of The county greatly increased, which is a benefit 
known and appreciated by every intelligent resident. 

Geo. F. Thornton. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


7 











194 


DESERT LANDS. 


Affidavit of J. Temple Taylor, 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


J. Temple Taylor being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Theo. F. Jerome and Jas. H. Skelly, which land is situate, 
lying and being in the County of Kern, State of California, and more 
particularly described as follows, to wit : 

The North V 2 of tne Southwest X> and the Northwert X of Section 
4, and the East X of the Southwest X °f Section 8. all in Township 31 
South, of Range 26 East, Mount Diablo Base and Meridian; that he 
has been upon said land, and is acquainted therewith ; and that his 
knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge within the limits of said land any 
vein or lode of quartz, or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of\said land is claimed 
for mining purposes or worked for minerals, and said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin and Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinaJy season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County, Cali¬ 
fornia, since the month of June, 1875 ; that he has examined the map at¬ 
tached hereto marked “Exhibit A,” and signed with the name of this de¬ 
ponent, and that said map is substantially correct; that since the 9th day 
of June, 1875, he has been foreman of the ranch property of Messrs. Hag- 



DESERT LANDS. 


J 95 


gin & Carr known as the Belle View Ranch, and consisting of the follow¬ 
ing described property, as delineated on the accompanying map, viz: 
The East X of Section 12, and the Southeast % of Section 1, and the 
South X of the Northeast X °f Section 1, Township 30 South, of Range 
26 East, all of Sections 6 and 7, the West X of Section 5, nearly all of 
Section 8, in Township 30 South, of Range 27 East, and all of Section 
13, in Township 30 South, of Range 26 East, Mount Diablo Base and 
Meridian ; a portion of said ranch had been under cultivation prior to 
affiants taking charge thereof, but a large part was reclaimed and farmed 
first under deponents immediate supervision. 

In the year 1875 the Belle View Ranch produced 12,400 bushels of bar¬ 
ley, 1,600 bushels of wheat, 800 bushels of corn and 800 tons of alfalfa 
hay. 

In the year 1876 the following acreage was sowed on the Belle View 
Ranch, viz: 1,945, and the following was the yield: hay, 4,359 tons ; wheat, 
6,630 bushels ; barley, 14,610 bushels. 

The following was the acreage sown and the crop produced on the 
ranch known as the Keys Ranch, during the year 1876: Acres sown; 
889. The following crops were produced on this ranch: Wheat, 4,179 
bushels; barley, 7,675 bushels; hay, alfalfa, 489 tons. 

In the year 1877 the Keys Ranch was again cultivated under the man¬ 
agement of W. F. Taylor, and the following crop was produced: Grain, 
16,000 bushels ; hay, 3,000 tons ; corn, 800 bushels. 

In the year 1877 the Belle View Ranch produced: Grain, 25,000 bush¬ 
els; hay, 2,500 tons; corn, 500 bushels. 

The Belle View Ranch employed, on an average, during a period of ten 
months, commencing on the 1st of November, 1876, and ending the 1st 
day of October, 1877, 168 men, at a cost of $47,367 21-100. 

The crops produced upon this property, as hereinbefore described, are 
due entirely to the thorough and expensive system of irrigation carried 
out upon said lands, and without this system of irrigation no crops what¬ 
ever could have been raised upon said lands. The soil is dry and requires 
to be thoroughly saturated with water from numerous cross-irrigation 
ditches which intersect it before it is of any value for agricultural pur¬ 
poses. 

The rainfall of this section is exceedingly meagre, and is never suffi¬ 
cient to mature a crop upon said lands. Those portions of the aforemen¬ 
tioned ranch which had not been improved and cultivated when deponent 
took charge of said ranch, were essentially desert lands. 

The main irrigation ditches, as shown upon said map, have been built 
only with the expenditure of a large amount of capital, and they could 
not have been constructed by settlers of ordinary means. The lands 


196 


DESERT LANDS. 


which have been brought under cultivation by means of these ditches 
have been greatly enhanced in value for taxable purposes, and the result 
has been a great benefit to the county at large. Lands which were for¬ 
merly worthless for farming purposes have, by means of these irrigation 
ditches, been converted into highly productive and valuable farms, capa¬ 
ble of producing large crops of almost every description. 

Affiant further says that the lands described in the applications of Jas. 
H. Skelly and Theo. F. Jerome, are not subject to overflow, and that they 
require no levees to protect them from overflow, and that the said lands 
have never been cultivated. 

Deponent further says that during all the time that he has been in 
charge of the Belle View Ranch, the said ranch has maintained a large 
number of cattle and sheep, varying- in number at different times. As 
many as 3,000 head of cattle were maintained and fed on hay during the 
winter of 1876 and the spring of 1877. The said ranch also maintains a 
large number of hogs, varying in number at different times of the year 

J. Temple Taylor. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of B. R. Taylor. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

B. R. Taylor, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a civil engineer ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Chas. D. Yard, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

The Southeast X> of the Southwest and the South ]/ 2 of the South¬ 
east X °f Section 6, Township 31 South, Range 26 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 

is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understanding^ with regard there¬ 
to ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 




DESERT LANDS. 


197 


desert land, and will not produce without irrigation any agricultural crop ; 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation; that said land is not timber 
land, but has some cottonwood trees on it, of no commercial value, 
and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal • that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen¬ 
tially non-mineral land 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County since the first of 
February last ; that since that time he has been in the employ of J. B. 
Haggin and W. B. Carr, in the capacity of civil engineer in laying out and 
constructing irrigating canals and ditches, varying in size from small 
ditches of a sectional area of two feet to canals of sectional area of 300 
feet; that since he has been in the employ of the aforesaid gentlemen he 
has superintended the construction of about twenty miles of irrigating 
canals and ditches ; that the aforesaid work has been very expensive and 
could not have been successfully carried out by pre-emptors, settlers, or 
other men of ordinary means. 

He further states that he has been over the entire county south of Kern 
River and lying between said river and Buena Vista Lake ; that said 
country is dry and arid, and that there is not sufficient rainfall upon it to 
produce any agricultural crop, and in fact, to the best of his belief, for all 
agricultural purposes, it is worthless without irrigation ; that no crops to 
his knowledge are raised upon any portion of said land without irrigation 
at present, or without the land having been irrigated when first seeded, 
though a few lots or parcels of land upon sloughs are now cultivated in 
alfalfa without actually flooding the land, the water being darned up in 
said sloughs nearly to the level of cultivated land, and in this way the 
land is actually irrigated by means of seepage and capillary attraction. 

That in his belief such bodies of land are very small in area, and that 
if the water by any means should be drawn off or directed from said 


ig8 


DESERT LANDS. 


sloughs the lands above mentioned, owing to the meagre rainfall, would 
necessarily soon become worthless for all agricultural purposes ; that even 
on such lands the owners have told him that the wheat crop has proved a 
failure, and a stand of alfalfa only obtained in a year of more than usual 
rainfall. 

That the country above mentioned is generally of a sandy character 
absorbing large quantities of water, which, owing to the long summers and 
great heat which extends over a period of eight months, (the mercury in 
last March reaching ioo degrees, and for long periods during the summer 
months standing from ioo to 116 degrees), creates great evaporation? 
which is estimated by engineers who have resided in this country for 
years to be as much as seven feet per annum. 

He further instances his having built and superintended the construc¬ 
tion of the ditches on Section 13, Township 30 South, of Range 26 East, 
during the months of last March and April ; that the land was, when he 
first saw it, being plowed or in its primitive, wild state, covered with sage 
brush ; that it was very dry and arid, and except for seeing land adjacent 
to it which has been reclaimed by irrigation, he would have considered it 
a useless expenditure of money to attempt to raise a crop upon it even 
with irrigation. 

That he watched with much interest the crops upon said section, and 
was surprised at their yield ; and further states that he has made a calcu¬ 
lation approximately of the amount of water which was carried upon said 
land through the irrigating ditches, which is as follows : Sectional area 
of main ditch six and one-half feet, velocity one mile per hour, or a fall of 
two feet per mile ; hence, five thousand two hundred and eighty multi¬ 
plied by six and one-half gives thirty-four thousand three hundred and 
twenty cubic feet per hour, equals eight hundred and twenty-three thous¬ 
and six hundred and eighty cubic feet per day of twenty-four hours 
which would cover over nineteen acres per day to a depth of one foot; 
this floor of water he estimated to have been kept up constantly for fifty 
days during the entire season, which would make nine hundred and fifty 
acres covered to a depth of one foot or three hundred and sixteen acres 
three feet deep, which is approximately the amount in cultivation ; tak¬ 
ing the largest possible area in cultivation and the least amount of water 
that could have been run on said land, it must have been covered with 
water to a depth of two and one-half feet; this amount of water is in gal¬ 
lons sixty-four millions two hundred and forty-seven thousand, and to the 
best of his knowledge the quantity is an under estimate ; with this water 
the wheat, barley and oats proved a success, but owing to the want of 
water later in the season and just at the time the corn crop, which at one 


DESERT LANDS. 


199 


time promised a fine yield, most needed irrigation not over two-thirds of 
the corn matured. 

He further states that he has been over the country lying north of Kern 
River and west of Central Pacific Railroad; that he has examined it 
carefully time and again with a view as to reporting upon its class of soil 
and its agricultural worth ; that said land lying between said railroad and 
the swamp and overflowed lands of Tulare Lake and north of Kern River 
consist of about fourteen townships, aggregating over three hundred and 
twenty-two thousand acres of land ; that this land is very dry and arid ; 
that except where the land has been irrigated near Kern River there is 
not to his knowledge any of it in cultivation, and that owing to its present 
dry condition no crop of any sort could be produced upon it without irri¬ 
gation ; that he knows and has seen the land upon Sections 6 and 22, 
Township 29 South, of Range 27 East, which parties plowed and seeded 
with the expectation of conducting water thereupon by means of ditches, 
and failing to construct said ditches, the crops were absolute failures ; one 
of these results he has seen, the other he was told of by the owner and 
he has been on the land. 

Affiant also states that this entire country hereinbefore described is un¬ 
inhabited, after leaving the immediate river vicinity, except by a few 
sheep herders and cattle vaqueros; that the few huts upon this land are 
not dwellings but simply temporary shanties, only one comfortable house 
being in that country and owned by real settlers, and they are working 
and making a living elsewhere ; and he further states that no one could 
live upon and farm said land uqless he could conduct water thereon ; 
that there are no trees of any description after leaving Kern River and 
the sloughs until you reach Posa Creek, which is generally dry ; that all 
the trees he has seen are willows or cottonwoods ; that he has seen lands 
entered under the “ timber claim,” which have been plowed and seed, 
locust have been planted, and parties failing to conduct water upon said 
lands, or other kinds there has not been sufficient rainfall to cause said seed 
to vegetate, these seed remaining perfectly sound and vegetating as soon 
as water is conducted upon said land. 

He further states that in his opinion this land before mentioned is 
highly sucsceptible of irrigation, lying generally with a gentle slope to the 
south and west, and having a substratum of hard pan or cemented sand 
lying below the loam or sandy soil ; he thinks the amount of water neces¬ 
sary to irrigate this country will be less, when once fully irrigated, than 
that now required on what is known as Kern Island. 

He further states that he has superintended the construction of what is 
known and shown on accompanying map as the Calloway Canal ; that 
said canal is eighty feet wide in the bottom, slopes four to one, and will 


200 


DESERT LANDS. 


carry four feet of water, grade eighth-tenths to the mile ; that from his 
knowledge of the cost of construction of such canals, together with the 
secondary and tertiary ditches, that it would cost between three and four 
hundred thousand dollars, and probably when actually completed and all 
this body of land .reclaimed, five hundred thousand will have been ex¬ 
pended. He does not believe any person or persons would locate on any 
of the above mentioned land and attempt to make a living by cultivating 
the soil without irrigation, and any attempt by any person to do so would 
be considered an absolute proof of his insanity by all or nearly all the 
inhabitants of this valley. 

That the only species of grass he has seen upon the greater portion of 
said land is alfiilerilla, which for a few months in the rainy season is good 
sheep feed, but with the extreme heat and parching winds it necessarily 
soon disappears ; that after going over this entire country last soring for 
the purpose of inspecting every portion of it, and seeing the utter desola¬ 
tion, complete barrenness and hundreds of cattle dying from starvation 
or from want of water ; that he remarked to many that it would in his 
opinion be better for the United States government to give to any parties 
who would reclaim this entire country the even sections, and thereby col¬ 
lect taxes upon it, rather than let it remain in its present desolate con¬ 
dition, so certain was he that no settlers of ordinary means could for years 
and years ever conduct water upon it. 

That he believes the major portion of this land will produce with won¬ 
derful results when irrigated. 

That he believes the map herewith attached to the best of his knowl¬ 
edge to be correct, showing the canals as now constructed on Townships 
30 and 31 South, of Ranges 25, 26 and 27 East; that the said canals have 
cost about two hundred thousand dollars, which is proof positive of the 
absolute necessity of irrigation ; that he believes most of the land-owners 
on the island are interested in the canals, and to his certain knowledge 
many of the smaller holders own stock in these canals ; that he has been 
told by parties who own land on these canals and stock in the same, that 
though their lands were highly productive with irrigation, they would not 
live upon them if they had not means of irrigating such lands. 

He has seen this land and been over all, and he is certain if land of 
such character, it being immediately on one of the largest canals and 
possessing all the advantages of seepage, is so held and considered by the 
owners who have resided here for years ; then indeed there is no compari¬ 
son as to the value of irrigated and non-irrigated lands. 

That he knows and has seen the vast improvements which have been 
made by Messrs. Haggin & Carr on these lands in the county, the fine 
buildings, barns, stables, fencing, wells, artesian and others, and all neces- 


DESERT LANDS. 


201 


sary improvements ; that he knows actually of the enhancement in value 
of real estate lying in the vicinty and adjacent to their property, all of 
which is attributable directly to the construction of these irrigating canals. 
He states that at this time he knows that Haggin & Carr have leased and 
are still leasing lands to parties upon the most favorable terms, viz : Hag- 
gin & Carr to construct the ditches to the lands, build a house, barn, 
stable and sink a well on each three hundred and twenty acres, furnish 
the tenant with seed and give the land and water rent free for the first 
year, after which the tenant is to cultivate the land and give Haggin & 
Carr one-fourth of the crop; they also give such tenants the option to buy 
such lands at any time on long credit and at a fair valuation. The above 
are the terms in substance upon which they are leasing their lands ; by 
this means they will probably make a profit on their lands and furnish 
homes and labor to a large population ; irrigated lands require a larger 
percentage of labor then lands not needing irrigation, but the returns being 
larger makes this a good and lucrative country for labor. 

If this system of irrigation is carried out successfully as now begun, the 
lands now desolate and barren must become the most productive in the 
State, and as irrigated lands do not deteriorate in their agricultural value 
as do other lands, this land Avill after once reclaimed remain or continue 
to become more fertile 

All the lands hereinbefore described are watered from Kern River, and 
he knows of no other stream from which it can be irrigated, and states 
that he would not own and cultivate any or all the land in this valley and 
be cut off from all means of irrigating said lands ; that he would not pay 
taxes on the same for them under such circumstances ; that he could 
have bought or entered land last spring which has since been entered 
under the Desert Land Act, but finding the cost of conducting water 
thereupon he preferred investing in other ways. 

That he is in no way interested in any desert land location, directly or 
indirectly. 

That the map herewith attached and with affiant’s initials upon the 
same is, to his knowledge, a correct map of a portion of Kern County, and 
shows the irrigating canals as now constructed. B. R. Taylor. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


202 


DESERT LANDS. 


Affidavit of Lewis Vidal. 

STATE OF CALIFORNIA, ) 

' > ss. 

County of Kern, j 

Lewis Vidal being first duly sworn deposes and says that he is of law¬ 
ful age, and says that he is a citizen of the United States, and a resident 
of the County of Kern and State of California; that he is by occupation a 
farmer; that he knows the land., and each legal subdivision thereof, de¬ 
scribed in the declaration of Henry Deas, which land is situate, lying and 
being in theCounty of Kern, State of California, and more particularly 
described as follows, to-wit: 

The Southeast X> and the South X of the Northeast X> and the 
East ]/ 2 of the Southwest X> and the Southeast X °f the Northwest 
X of Section 24, Townshp 28 South, of Range 24 East, Mount Di¬ 
ablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understanding^ with regard thereto ; that said land 
is very dry and arid ; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is 
not to his knowledge, within the limits of said land, any vein or lode 
of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Kern County for one year; 

• that the map annexed to this affidavit, marked “ Exhibit A,” is substan¬ 
tially correct; that deponent has resided tor some time upon Section 26, 
Township ^28 South, of Range 26 East, as marked on said map ; that 
during his residence in said county deponent has had charge of sheep in 
said county, and that he is thoroughly familiar with the general character 



DESERT LANDS. 


203 


and agricultural value of said lands ; that the whole region of country is 
a vast, arid plain, of a desert character, and that it will produce no sort 
of agricultural crop of any description ; that the rainfall of this section of 
country is exceedingly meagre, and is never sufficient to produce an agri¬ 
cultural crop without irrigation; this land produces only sage brush of no 
value, and a short hardy grass, which is fit only for grazing purposes, and 
which only grows during the wet weather of winter, dying out and wither¬ 
ing so soon as the rains cease ; these lands when cultivated by a thorough 
system of irrigation, such as has been carried out in portions of said 
county, are highly productive and valuable, and produce large crops of 
almost every description. The system carried out of irrigating said lands 
has greatly increased the value of the lands and the taxable property of 
the county, has been very much enlarged by reason of the work of this 
character already done. 

The piece of land described in the declaration of Henry Deas, has not 
been cultivated, and is not subject to overflow, and needs no levees to 
protect it from overflow. 

Deponent has no interest in any application under the Act of Congress 
known as the Desert Land Act. Lewis Vidal. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of P. J. Waldon. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

P. J. Waldon, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of E. N. Dyer, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The East X of the Southwest X> an d the Southwest X of the South¬ 
west X of Section 22, Township 30 South, of Range 26 East, Mount 
Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understanding^ with regard there- 




204 


DESERT LANDS. 


to ; that said land is very dry and arid; that there is not suffi¬ 
cient rainfall upon it at any season of the year to produce a crop; 
that it is desert land, and will not produce without irrigation 
any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of'said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the said land and the exterior bounds 
thereof, as covered by the said declaration of E. N. Dyer, and the same 
is not subject to overflow or is the same protected from overflow by 
canals, dams, levees or in any artificial manner; and there are no settlers 
thereon, nor has any part thereof been cultivated ; that he knows said 
land to be desert and that it will produce no agricultural crop without irri¬ 
gation ; that he has lived on Section 24, in same township, for more than 
eight years, and during that time he has known the lands in that vicinity 
and knows they will produce nothing of value to man unless they are re¬ 
claimed by irrigation by artificial means ; that said land remains a dry 
dusty plain for eight or ten months of each year, and is valueless with¬ 
out a system of irrigation that will supply water from seed time till ma¬ 
turity of crop ; that he has examined the map appended marked with his 
name, and believes the same correct, and he knows the lands delineated 
thereon, and all the lands without the boundaries of the swamp and over¬ 
flowed lands marked are desert lands, and it is of the same general char¬ 
acter as above described. P. J. Waldon. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


205 


Affidavit of W. H. Warner. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Wm. H. Warner, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California; that he is by occupation a 
farmer ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of John B. Butler, which land is situate, lying 
and being in the County of Kern, State of Calfornia, and more par¬ 
ticularly described as follows, to-wit : 

The South X and the Northwest X of Sectian 34, Township 26 South, 
of Range 25 East, Mount Diablo Base and Meridian ; that he has been 
upon said land, and is acquainted therewith; and that his knowledge of said 
land is such as to enable him to testify understanding^ with regard thereto; 
that said land is very dry and arid; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is, 
in fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placef, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley, within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he knows the land included in the declaration 
of the said John B. Butler ; that the same is desert land ; there are no 
settlers thereon, no part thereof has been cultivated, and the same is not 
subject to overflow nor is the same protected from overflow by dams, 
levees, dikes or ditches, or in any artificial manner ; that he knows the 
lands lying north and west of Kern River very well, and has known them 



206 


DESERT LANDS. 


for eight years continuously; that they are dry, dusty, arid plains, pro¬ 
ducing nothing, and they are not capable of producing an agricultural 
crop without reclamation by irrigation, and irrigation throughout the 
growth and till maturity of crop. W. H. WARNER. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Francis Wanen. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Frank B. Wanen, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern, and State of California ; that he is by occupation a stock raiser 
and farmer; that he knows the land, and each legal subdivision thereof, 
described in the declarations of Nathan Atkinson and John Kelly, which 
and is situate, lying and being in the County of Kern, State of California 
and more particularly described as follows, to-wit : 

The West and West ]/ 2 of the Southeast and the Northeast X 
of Section 2, Township 27 South, Range 25 East, Mount Diablo Base and 
Meridian; that he has been upon said land, and is acquainted there¬ 
with ; and that his knowledge of said land is such as to enable him to testify 
understandingly with regard thereto ; that said land is very dry and arid ; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal ; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 




DESERT LANDS. 


207 


produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the lands covered by the declara¬ 
tions of Nathan Atkinson and John Kelly, and the exterior boundaries 
thereof; that there are no settlers thereon, and no part thereof has been 
cultivated, and the same is not subject to overflow or is the same pro¬ 
tected from overflow by levees or in any artificial manner ; that he has 
been a resident of Kern County and territory embraced therein for fifteen 
years, and engaged in stock raising, and has been on and over the lands 
indicated on the map appended hereto, marked with his name, during 
that time nearly every year, and know the character and condition of said 
lands ; all of said lands without the boundaries of lands laid down as 
swamp and overflowed, are desert lands, will produce no kind of an agri - 
cultural crop without irrigation, and are a dry, dusty plain for eight or ten 
months of every year, and are of little or no value for any purpose in their 
wild state, and are valueless for farms unless they be reclaimed by a sys¬ 
tem of artificial irrigation that will involve a heavy outlay of money. 

Affiant further says that he has no interest in any lands claimed under 
the Desert Land Act. Francis Wanen. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 


Affidavit of S. C. Wear. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

S. C. Wear, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of E. D. Farrington, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The Northeast % of Section 32, Township 30 South, of Range 27 East 
Mount Diablo Base and Meridian; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto; that said 




• 208 


DESERT LANDS. 


land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min¬ 
eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he has resided in said county for three years, 
and all that time on Northwest X °f Section 32, Township 30 South, of 
Range 27 East; that he knows the character of the lands for some miles 
around his home and on toward Bakersfield ; that the land he lives on is 
as good as the average land adjacent; that he has always had water to 
irrigate the land he lives on, and has made a crop every season. 

Affiant states that said land that he lives on, and the other lands ad¬ 
jacent to his home, will not produce an agricultural crop of any kind 
unless it is irrigated ; no one here attempts to cultivate these lands with¬ 
out irrigation facilities, and all attempts to do so always fail. 

Since affiant has lived here no such quantity of rain has fallen as would 
mature or grow a crop of grain, and he does not believe that it ever does. 

Affiant further says that the said land first herein described will not 
produce an agricultural crop, but that in ordinary seasons said lands will 
produce a grass called, or similar to what is known as wheat grass, in the 
lowest spots, and some bunch grass, but just as unfit for an agricultural 
crop as any other lands around it ; about three years since a man named 
Thomas Thompson, having pre-empted said last referred to land, irri¬ 
gated and cultivated and raised some crop on it, but did not cultivate 
any since, except an orchard, and that he irrigated; that land said does 
not require levees to protect it from overflow ; said Thompson died about 
one year since ; no one lives on it now. 

Affiant further states that he has no interest, directly or indirectly, in 
any application for the location of desert land. S. C. Wear. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


209 


Affidavit of Alphonso Weill. 


STATE OF CALIFORNIA, ) 

> ss.- 

County of Kern. ) 

Alphonso Weill, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a merchant; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Frederick W. Lawrence, which land is situate, lying and 
being in the County of Kern, State of California, and more particularly 
described as follows, to-wit : 

The South y 2 and the Northwest X °f Section 32, Township 26 South, 
of Range 25 East, Mount Diablo Base and Meridian; that he has been up- 
said land, and is acquainted therewith, and his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto ; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is, in fact, 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons ; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none ol said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he is personally acquainted with the land de¬ 
scribed as above in the declaration of Frederick W. Lawrence ; that 
there have been no settlers thereon ; that no part thereof has been culti¬ 
vated, and the same is not subject to overflow, or is the same protected 
from overflow by dams, dikes or ditches, or in any manner ; that he has 
been a resident of said County of Kern for eight years ; that he has ex- 



210 


DESERT LANDS. 


amined the map hereto appended, marked with his name, and he believes 
the same to be correct; that he knows the lands described therein, and 
knows that all the land without the boundaries, or line bounding the land 
marked swamp and overflowed, is in fact desert land ; that the same will 
produce no agricultural crop without irrigation ; that by reason of his 
occupation he has been called to pass over a large portion of said land at 
nearly all seasons of the year ; that they are all of the same general char¬ 
acter ; that they produce in their natural state nothing of material value, 
nothing but a scanty vegetation that never attains more than two inches 
in height and which dries up and dies early in May of every year, leaving 
said lands a dry desert for at least eight or ten months of every year 
that no part thereof is of any value unless the same be reclaimed by irri¬ 
gation ; that whenever an attempt has been made to raise a crop on said 
lands without irrigation the same has been a failure ; that the reclamation 
thereof requires a large expenditure of money, or the united labor of com¬ 
munities ; that wherever irrigation has been followed from planting till har¬ 
vest said lands have produced abundantly, and wherever said lands have 
been reclaimed by irrigation the same have become very valuable ; that 
without irrigation the whole of said lands would remain a desert. 

Alphonso Weill. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
aBdavit on page i. 


Affidavit of Jacob Weil. 


STATE OF CALIFORNIA, 

County of Kern. 

Jacob Weil, being duly sworn, deposes and says that he is of lawful 
age, a citizen of the United States, and that he has been a resident of 
Kern County, California, for six years ; that he is by occupation a mer¬ 
chant and that he resides in the town of Bakersfield. 

Deponent further says that he has, during his residence in said county, 
had an opportunity of becoming acquainted with the general characteris¬ 
tics and agricultural capabilities of the lands described on the map 
attached hereto, and that the said map is substantially correct. This 
region is a vast, arid plain in its natural state, unfit for cultivation of agri¬ 
cultural crops without irrigation, as the rainfall is exceedingly meagre and 
uncertain. The map referred to is attached hereto, marked with depo- 





DESERT LANDS. 


211 


nent’s name, and the words “Exhibit A.” Some portions of this land 
produce a short, hardy grass, which only grows during the rainy season 
and dies out in the summer season, which is very dry, hot and long. 
With irrigation such as has been carried out in portions of said county, 
at a very large expense of labor and capital, these lands can be made ex¬ 
ceedingly productive and very valuable for agricultural purposes. When 
thoroughly saturated with water and properly seeded and attended to they 
invariably produce good crops of almost every description. The lands im¬ 
proved by irrigation have been greatly enhanced in value thereby for tax¬ 
able purposes, and the benefit to the county by the work of this kind 
carried out heretofore has been very great. Jacob Weil. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of M. P. Wells. 


STATE OF CALIFORNIA, 

County of Kern. \ 

Mat P. Wells, being of lawful age and first duly sworn, deposes and 
says, that he is a citizen ol the United States and a resident of the 
County of Kern, and State of California; that he is by occupation Sheriff 
of Kern County and a stock grower ; that he knows the land, and each 
legal subdivision thereof, described in the declaration of Henry A. Brown, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to-wit : 

All of Section 32, Township 27 South, of Range 25 East, Mount 
Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understanding^ with regard there¬ 
to ; that said land is very dry and arid ; that theVe is not suffi¬ 
cient rainfall upon it at any season of the year to produce an agri¬ 
cultural crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 





212 


DESERT LANDS. 


coal ; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit ; that no 
portion of said land is claimed for mining purposes under the local cus- 
toms or rules of miners or otherwise ; that no portion of said land is 
worked for minerals during any part of the year by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said decla¬ 
ration of the aforesaid Henry A. Brown, and the exterior bounds thereof, 
and there are no settlers thereon, and no part thereof has been cultivated, 
and the same is not subject to overflow, nor is the same protected from 
overflow by dams, ditches, levees, or in any artificial manner ; that he has 
examined the map appended hereto, marked with his name, and believes 
the same to be substantially correct. 

He has been a resident of Kern County, or the territory therein, for a pe¬ 
riod of about fifteen years, and engaged in growing stock, and since March, 
1876, has filled the office of sheriff of Kern County; that he is well ac¬ 
quainted, and thoroughly conversant with the lands delineated on said 
map, and their general character; that all of said lands without the 
boundaries of lines enclosing the swamp and overflowed lands, and those 
lands lying immediately on the banks or bottoms of Kern River are des¬ 
ert lands ; that all the lands lying north and west of the west branch of 
Kern River are a dry, arid, dusty plain, and so remains a dusty plain 
eight or ten months of every year; that they in their wild state produce 
nothing but sage brush, and following the spring or winter rains, a scanty 
growth of alfilerilla grass, that never attains more than an inch or so in 
height, and which dries up by the first or middle of May of each year; 
that said lands are valueless for agricultural purposes, unless they are re¬ 
claimed by a system of artificial irrigation, and no crop can be produced 
and mature thereon without artificial irrigation ; that to reclaim said lands 
and make the same into farms will require a very extensive and expensive 
system of canals for the conveyance of water to be used in irrigation, en¬ 
tirely beyond the means of homestead and pre-emption settlers ; that 
wherever the experiment of crop-growing on said lands without irrigation 
has been tried, the experiment has failed, but with irrigation they pro¬ 
duce abundantly. 


DESERT LANDS. 


213 


That he has no interest in any lands claimed under the Desert Land 
A ct - M. P. Wells. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of S. C. Westfall. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

S. C. Westfall, being of lawful age and first duly sworn, deposes and 
says he is a citizen of the United States, and a resident of the County of 
Kern, and State of California; that he is by occupation a farmer and stock 
grower ; that he knows the land, and each legal subdivision thereof, de 
scribed in the declarations of Benjamin P. Edmonston, James R. Lee 
and Charles D. Adams, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit: 

The North y 2 of the Northeast y, and the South ]/ 2 of the Southwest 
y, Tnd the South ]/ 2 of the Northeast y, and the North % of 
the Southeast y, and the North y 2 of the Southwest y, all in 
Section 4, Township 28 South, of Range 25 East, Mount Diab¬ 
lo Base and Meridian; that he has been upon said land, and is 
acquainted therewith; and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural cropland is 
in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is 
not within the limits of said land to his knowledge any placer, cement, 
gravel or other valuable mineral deposit; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise; that no portion of said land i‘s worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-mineral land. 




214 


DESERT LANDS. 


Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern Coun¬ 
ty ; that none of said land, except the swampy land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
and designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says he is well acquainted with the lands covered by the 
aforesaid delarations of Benjamin P. Edmonston, James R. Lee and Chas. 
D. Adams, and the exterior bounds thereof; that there are no settlers there¬ 
on, and no part of said land has been cultivated; that no part of said land is 
subject to overflow, nor is the same protected from overflow by levees, or 
in any artificial manner; that he has examined the appended map, marked 
with his name, and the same is substantially correct; that he has been a 
resident of Kern County about seven years, and is well acquainted with 
the lands delineated on the annexed map, and knows the general charac¬ 
ter thereof, and said lands without the boundaries of land laid down as 
swamp and overflowed, are desert in character, and the same will produce 
no kind of an agricultural crop without irrigation, and is valueless for 
farming purposes unless the same is reclaimed by a system of irrigation 
requiring much capital. Said lands are a dry, dusty desert plain for 
eight or ten months of every year. 

That he has no interest in any land claimed under the Desert Land 
Act. S. C. Westfall. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of N. R. Wilkinson. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

N. R. Wilkinson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a collector; 
that he knows the land, and each legal subdivision thereof, described 
in the declaration Fred W. Smith, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to-wit: 

The East l / 2 of the Northeast and the South y 2 of the Southeast 




DESERT LANDS. 


2I 5 


and the Northeast X of the Southeast X of Section 4, Township 29 
South, of Range 26 East, Mount Diablo Base and Meridian ; that 
he has been upon said land, and is acquainted therewith ; and 
that his knowledge of said land is such as to enable him to tes¬ 
tify understandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land, 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in Bakersfield, County of Kern, 
for six years ; that during two years of said time he has been a Justice of 
the Peace for one of the townships of said county; that he is familiar with 
the lands delineated on the map attached hereto, marked “ Exhibit A,” 
and signed with the name of this deponent, and that the said map is sub¬ 
stantially correct. 

That these lands comprise a vast, arid plain, over which there is never 
sufficient rainfall to produce an agricultural crop of any description. This 
land has very little vegetation upon it of any kind ; during the rainy 
season some portions of it producse a short, hardy grass of no value save 
for grazing purposes; that the timber along the water courses is willow 
and cottonwood of no commercial value. 

The grasses die out during the summer season, soon after the cessation 
of the winter rains. 

The effect of irrigation upon these lands is very beneficial; the irriga¬ 
tion ditches constructed upon and through portions of these lands have 


2 l6 


DESERT LANDS. 


been of immense benefit. These desert lam’s, when thoroughly irrigated 
so that the water thoroughly saturates the land, are very highly productive 
and produce valuable products of various kinds when properly plowed 
seeded and attended to. 

The construction of these ditches has greatly increased the value of 
the lands improved for taxable purposes, and has thus been of very great 
benefit to Kern County ; that no part of the land applied for by said 
Smith as aforesaid has ever been cultivated by any one ; that the same is 
no season subject to overflow, and does not have to be protected from 
overflow by levees or otherwise. N. R. WILKINSON. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of S. W. Wible. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

S. W. Wible, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation an engineer and 
farmer ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of H. A. Moss and George H. Norris, which 
land is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to wit : 

All of Section 8, also the West X of the Northeast X °f Section 4, 
all in Township 31 South, of Range 26 East, MountDiablo Base 
and Meridian ; that he has been upon said land, and is acquaint¬ 
ed therewith, and that his knowledge of said land is such as to 

enable him to testify understanding^ with regard thereto; that 

said land is very dry and arid; that there is not sufficient rain¬ 

fall upon it at any season of the year to produce a crop; that 
it is desert land, and will not produce without irrigation any agri¬ 
cultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 






DESERT LANDS. 


217 


cement, gravel or other valuable mineral deposit ; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with most of the land in that 
portion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that said lands first herein described are dry, arid 
desert lands, and in his opinion the poorest quality for any agricultural 
purposes, even if irrigated, that he has seen, being more fit to make adobe 
brick than anything else ; that his business as civil engineer brought him 
on and around the said land. 

Affiant further states that he has resided in said county for about three 
years last past, and on Section 32, Township 29 South, of Range 26 East, 
and during all that period been engaged in his profession and carrying on 
his farm, and particularly engaged in the surveying, laying out and con¬ 
structing irrigating canals, and the reclamation of swamp and overflowed 
lands in this region of country, necessarily becoming acquainted with the 
description, character and qualities of the lands hereabout ; that their 
general features and characteristics are the same all over this portion of 
the Kern Valley, and he knows that in its primitive condition it is worth¬ 
less for agricultural crops unless freely irrigated. 

Affiant further states that he is particularly acquainted with the lands 
lying along the line of the Calloway Canal in Townships 25, 26, 27, and 
those adjacent thereto ; that they are worthless for any agricultural pur¬ 
pose without irrigation ; that the soil is of good quality, and crops sown 
on similar lands and freely irrigated have proven them to be of highly 
fertile and productive character, yielding thirty to forty bushels of grain 
and three to six tons of hay per acre, which could not have been done 
without irrigation. 

Affiant further states that irrigating canals and ditches to supply any of 
said lands off the immediate banks of Kern River are costly and expen¬ 
sive, beyond the pecuniary ability of men of ordinary means. 

Affiant further states that four years since there were but few irrigating 
canals in the county, none of any considerable value or extent except one 
or two near Bakersfield ; to the southwest of that place the small ditches 
built by farmers were insufficient, and of so little value that nearly every 
settler desired to sell out ; that most of them did sell to Haggin & Carr, 


2 l8 


DESERT LANDS. 


who then commenced and have now completed, in conjunction with oth¬ 
ers, an extensive and costly system of canals, extending many miles from 
said river, rendering lands at first considered worthless for agriculture 
into a fertile, productive region, quite doubling the value of all lands wa¬ 
tered by said canals, and largely increasing the general prosperity of the 
county. 

Affiant further deposing says that he has examined the map hereto an¬ 
nexed and signed with his name ; that said canals and ditches are cor¬ 
rectly delineated thereon, and that many minor ditches had to be omitted 
on account of the small scale of the map. 

Affiant further states that he has drawn on said map, red ink lines 
around the sections of land containing said first described tracts of land 
herein named, so as to designate them more particularly; that said lands 
have not been cultivated by any one, resident or non-resident ; and that 
they do not require levees for their protection from overflow. 

Affiant further states that he has no interest direct or indirect in any 
application for the location of desert lands ; and further this affiant saith 
not. S. W. WiBLE. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of O. L. Whitcomb. 


STATE OF CALIFORNIA, 

County of Kern. 

O. L. Whitcomb, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a surveyor; that 
he knows the land, and each legal subdivision thereof described in the 
declarations of John H. Boden and A. A. Hickok, which land is situate, 
lying and being in theCounty of Kern, State of California, and more par¬ 
ticularly described as_follows, to-wit : 

The Northeast X of Section 30, and the South X of the Northwest 
X of Section 34, Township 28 South, of Range 25 East, Mount Diablo 
Base and Meridian ; that he has been upon said land, and is acquainted 
therewith, and that his knowledge of said land is such as to enable 
him to testify understandingly with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea- 





DESERT LANDS. 


219 


son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein'or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that portion 
of San Joaquin or Tulare Valley within the limits of Kern County ; that 
none of said land, except thejswamp land, will in an ordinary season produce 
an agricultural crop without irrigation ; that most of the land designated 
as swamp land in that section of country, after reclamation, requires irri¬ 
gation to produce a crop. 

Affiant further says that he knows the lands covered by the aforesaid 
declarations of John H. Boden and A. A. Hickok, and the exterior bounds 
thereof; there are no settlers on said land, and no part thereof has been 
cultivated; that said land is not subject to overflow or is the same protect¬ 
ed from overflow by levees or in any artificial manner; that he has been a 
resident of Kern County for three years, and every year has been on and 
over the land delineated on the map appended hereto, marked with his 
name, and knows their character; and all of said lands without the 
boundaries of lands laid down as swamp and overflowed are desert lands ; 
that they will produce no kind of an agricultural crop without irrigation, 
and are valueless for farms unless reclaimed by a system of irrigation 
demanding a heavy expense in money ; in their wild state said lands are 
of little value as they produce only alfilerilla grass following the winter 
rain, and that dries up early in the spring of each year, leaving said lands 
a dry, dusty, arid plain for eight or ten months of every year. 

Affiant further says that he has no interest in any lands claimed under 
the Desert Land Act. O. L. Whitcomb. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


220 


DESERT LANDS. 


Affidavit of Ludwick White. 


STATE OF CALIFORNIA, 

County of Kern. 

Ludwick White, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California ; that he is by occupation a far¬ 
mer ; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declarations of James H. Skelly and Theo. F. Jerome, which 
land is situate, lying and being in the County of Kern, State of Califor¬ 
nia, and more particularly described as follows, to-wit : 

The North X of the Southwest X> and the Northwest X of Section 4, 
ane the East X of the Southwest X of Section 8, Township 31 South, 
of Range 26, East, Mount Diablo 'Base and Meridian ; that he has been 
upon said land, and is acquainted therewith ; and that his knowledge of 
said land is such as to enable him to testify understanding^ with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says he has been a resident of Kern County, California, 
for about three years ; that the map annexed hereto marked “ Exhibit A,” 
and signed with the name of this deponent, is substantially correct. 

Affiant further says that he is acquainted with the general character 
and agricultural capabilities of the lands designated on said map; that 




DESERT LANDS. 


221 


this whole region, in its primitive state, is a vast arid desert of no value 
for agricultural purposes without irrigation; a portion of this land pro¬ 
duces a growth of alfilerilla grass during the winter season, which is fit 
only for grazing purposes, which said grass withers and dies out during 
the long and exceedingly dry months of summer. The rainfall of this 
section is very meagre, and is never sufficient to mature an agricultural 
crop upon these desert lands. A thorough and expensive system of irri¬ 
gation, such as has been carried out on a portion of these lands, has pro¬ 
duced a most wonderful effect upon the lands so improved, converting 
lands heretofore worthless, into valuable and highly productive farms ca¬ 
pable of producing crops of almost every description, and largely en¬ 
hancing the value of said lands for taxable purposes. 

Without the system of irrigation now in use these lands would relapse 
into their native worthlessness, as the lands must be irrigated often 
and thoroughly saturated with water before they will produce crops, and 
when so irrigated they invariably yield valuable returns. 

The lands described in the applications of James H. Kelley and Theo¬ 
dore F. Jerome, have never been cultivated, and they are not subject to 
overflow, and need no levees to protect them from overflow. 


Ludwick White. 


Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of R. W. Withington. 



STATE OF CALIFORNIA, 


County of Kern. 


R. W. Withington, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California ; that he is by occupation aliquor 
merchant; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declaration of C. F. Robinson, which land is situate, lying 
and being in the County of Kern, State of California, and more particu¬ 
larly described as follows, to wit: 


The North l / 2 and Southeast %, and the East of the Southwest X 
of Section 6, Township 28 South, of Range 25 East, Mount Diablo 
Base and Meridian ; that he has been upon said land, and is ac¬ 
quainted therewith ; and that his knowledge of said land is such as 




222 


DESERT LANDS. 


to enable him to testify understanding^ with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that 
there is not, to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land, to his knowledge, any placer, cement, gravel or other 
valuable mineral deposit ; that no portion of said land is claimed for 
mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County, 
as indicated by the accompanying map hereto attached ; that none of 
said land, except the swamp land, will in an ordinary season produce an 
agricultural crop without irrigation ; that he verily believes most ol the 
land designated as swamp land in that section of country, after reclama¬ 
tion requires irrigation to produce a crop. 

Affiant further says that he has been a resident of Kern County for 
eight years; that he is familiar with the lands described on the map at¬ 
tached hereto, marked “ Exhibit A,” and signed with his name, and the 
same is substantially correct; that during his said residence in Kern County 
he has had ample opportunities to observe said lands, and knows the 
general characteristics of said lands, and their value for agricultural pur¬ 
poses ; that the said lands comprise a vast arid plain, unfit for producing 
any agricultural crops without a thorough system of irrigation, requiring 
a large outlay of capital and labor. 

The rainfall of this section is exceedingly meagre, and can not be de¬ 
pended upon to produce crops. 

Some of the lands described on the accompanying map produce a 
scanty crop of hardy grass, unfit for any purpose, save grazing for a few 
months in the year; this grass only grows during the rainy season, and 
it dries up and withers during the long dry summer season. 

Deponent is familiar with the effects of irrigation when properly applied 
to these desert lands, and he has observed the effects of the system as 
applied over some portions of the county, as marked on said map. When 
properly seeded and irrigated, these lands produce valuable crops of 
almost any description of agricultural crops with which they may be 


DESERT LANDS. 


223 


sown. By reason of the expensive and thorough system of irrigation 
carried out in portions of Kern County, the taxable value of the lands 
improved has been very largely enhanced, and the county very greatly 
benefited. R. W. Withington. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of H. W. Woodward. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

H. W. Woodward, being of lawful age and first duly sworn, deposes 
and says that he has been a resident of the County of Kern, and State of 
California, for about nine years last past ; that he is familiar with the 
lands designated on the annexed map of a part of the County of Kern, by 
him subscribed ; that he has been upon a great portion of said lands lying 
north of Kern River to the Sixth Standard Line, and that his knowledge 
of said land is such as to enable him to testify understandly with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crops, 
and is in fact worthless for all agricultural purposes and cannot be made 
of any agricultural value without irrigation ; that said land is not timber 
land ; that there is not to his knowledge within the limits of said land any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal; that there is not within 
the limits of said land to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed, or 
being worked for minerals within the knowledge of affiant. 

Affiant further states that he is by occupation a stock raiser, and his 
means of knowledge in relation to said lands has been acquired by en¬ 
deavors to ascertain the value of lands in said county for stock and agri¬ 
cultural purposes. 

Affiant further states that the reclamation of said lands involves the 
expenditure of a large amount of capital in the construction of ditches for 
irrigating purposes, without which the said lands are almost worthless for 
agricultural purposes. 

That said lands, except the swamp lands designated on said map, are 





224 


DESERT LANDS. 


rendered valuable by irrigation alone, and when properly irrigated are 
susceptible of producing good agricultural crops. 

‘ k H. W. Woodward. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Henry Wulff. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Henry Wulff, being of lawful age and first duly sworn, says that he is a 
citizen of the United States and a resident of the County and State afore¬ 
said ; that he has resided in said county for nearly six years, and for four 
years on the Southeast X °f Section 14, Township 31 South, of Range 
27 East ; that said land belongs to him ; that he has cultivated said land 
for the last two years ; that he could not get water on said land to irrigate 
it the first two years, and knowing that no crop could be made without 
irrigation he did not cultivate it. 

Affiant states that he has often been over the lands on Kern Island 
around his said home, and on toward and as far as Bakersfield ; that all 
of it is of about the same quality and character. 

Affiant further states that the said lands, as well as his own, are dry, 
thirsty lands, and will not produce an agricultural crop without irrigation 
the rainfall in this section of the country never being sufficient to grow 
and mature an agricultural crop. 

Affiant states that he would not think of cultivating any of the lands 
aforesaid, that he knows, without having them irrigated. 

Affiant further states that he has no interest whatever in any applica¬ 
tion for the location of desert lands. Henry Wulff. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 





DESERT LANDS. 


225 


Affidavit of Victor Amy. 


STATE OF CALIFORNIA, 

County of Kern. 

Victor Amy, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a merchant and 
stock raiser; that he knows the land, and each legal subdivision thereof, 
described in the declarations of John B. Lewis and C. L. Place, which 
land is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to-wit: 

The East X of the Southeast X> the Southwest X of the Southeast 
X, the East X of the Northeast X> and the Northwest X °f the 
Northeast X> also the South X of the Southwest and the North¬ 
west X °f the Southwest X? all i n Section 6, Township 26 South, 
of Range 25 East, Mount Diablo Base and Meridian ; that he has been 
upon said land, and is acquainted therewith and that his knowledge of 
said land is such as to enable him to testify i^nderstandingly with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop, 
and is, in fact, worthless for all agricultural purposes, and cannot be 
made of any agricultural value without irrigation ; that said land is not 
timber land, and that there is not to his knowledge, within the limits of 
said land, any vein or lode of quartz or other rock in place bearing gold, 
silver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners, 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-minefal land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 

requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for 
about four years last past; that he is familiar with the land represented 
8 




226 


DESERT LANDS. 


by the annexed map, marked “Exhibit A,”’ by him subscribed; that the 
lands designated on said map, and* lying between Kern River and the 
Sixth Standard Line, outside the swamp lands, are dry, arid plains for 
about ten months of the year; that the natural growth of vegetation 
thereon consists of sparse bunches of worthless sage brush, and 'some 
wild grasses that flourish for a short time after the winter rainfall, but 
soon preish for want of moisture. 

That the only practical mode of rendering said land of any value for 
agricultural purposes is by the construction of canals and ditches, or 
other structures or appliances which will afford sufficient water for irri¬ 
gation. 

That the said lands have been surveyed for a great number of years, 
and subject to pre-emption, but that few settlements have been made 
thereon for the reason that it requires an expenditure of a great amount 
of capital and labor to conduct water thereon, without which it is im¬ 
practicable and unprofitable to farm the same. 

That the lands embraced in said applications have never been settled 
upon or cultivated by any one within the knowledge of affiant; that they 
are not subject to overflow, and do not require protection therefrom by 
means of artificial structures. Victor Amy. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of James R. Anderson. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Jas. R. Anderson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declarations of Stephen Wing, Andrew McOuade and O. H. Lagrange, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to wit: 

The South X of Section 4, the South X of the Southeast Xj and the 
Northwest X of the Southeast X °f Section 6, and the North X of 
the Northeast X> and the Northeast X °f the Northwest X of Sec- 




DESERT LANDS. 


227 


tion 8, all in Township 27 South, of Range 25 East, Mount Diab¬ 
lo Base and Meridian; that he has been upon said land, and is 
acquainted therewith; and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop,, and is 
in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is 
not within the limits of said land to his knowledge any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley, within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in*that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he knows the lands covered by the aforesaid 
declarations of Stephen Wing, Andrew McQuade and O. S. Lagrange, 
and there are no settlers thereon, and no part thereof has been cultivated ; 
said land is not subject to overflow or protected from overflow dy dams, 
levees or by any artificial means ; that he has been a resident, and en¬ 
gaged in teaming and farming in Kern County for five years last past, 
and is well acquainted with the lands delineated on the map appended, 
marked with his name, and all of said lands without the boundaries of land 
laid down on said map as swamp and overflowed are desert lands, and 
produce no kind of an agricuitural crop without irrigation, and are value¬ 
less for farming purposes, unless reclaimed by artificial irrigation ; said 
land lays a dusty plain for eight or ten months of every year by reason of 
the light rainfall and long, hot, dry summers. 

Affiant further says that he has no interest in lands claimed under the 
Desert Land Act. James R. Anderson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


228 


DESERT LANDS. 


Affidavit of R. J. Ashe. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

R. J. Ashe, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer and 
magistrate; that he knows the land, and each legal subdivision thereof, 
described in the declarations of Flenry Kenitzer and James H. Skelley, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to-wit: 

The Northwest X an< ^ West X °f the Southwest X? an d the East X 
of the Northeast X of Section 4, Township 31 South, of Range 26 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, 
and is acquainted therewith ; and that his knowledge of said land is 
such as to enable him to testify understanding^ with regard there¬ 
to ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop ; 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation; that said land is not timber 
land, but has some cottonwood trees on it, of no commercial value, 
and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen- 
tiallv non-mineral land 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said declara¬ 
tions of Henry Kenitzer and James H. Skelley, and the exterior bounds 
thereof; that there are no settlers thereon and no part thereof has been 



DESERT LANDS. 


229 


cultivated ; that said land is not subject to overflow or is the same pro¬ 
tected from overflow by levees, or in any artificial manner. 

Affiant has examined appended map, marked with his name and the 
same correctly represents the lands delineated thereon ; that affiant is a 
Justice of the Peace in the Fourth Township, Kern County, California, 
and well knows the land in said judicial township, and on said map de¬ 
lineated, and all of said land without the boundaries of land laid down as 
swamp and overflowed, is of the same uniform character, desert land, 
that is, it will produce no kind of an agricultural crop without irri¬ 
gation. 

Affiant further says that he has no interest in lands claimed under the 
Desert Land Act. R. J. Ashe. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of B. Ardizzi. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Ben Ardizzi, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a merchant ; that 
he knows the land, and each legal, subdivision thereof, described in the 
declarations of Carter Tevis and Edward C. Morton, which land is situ¬ 
ate, lying and being in the County of Kern, State of California, and more 
particularly described as follows, to wit : 

The West X and Southwest X of the Southeast X °f Section 34, and 
the North X of the Southeast X> the Southeast X °f the Southeast X 
of Section 28, all in Township 26 South, of Range 24 East, Mount Diablo 
Base and Meridian ; that he has been upon said land, and is acquaint¬ 
ed therewith, and that his knowledge of said land is such as to 

enable him to testify understanding^ with regard thereto; that 

said land is very dry and arid; that there is not sufficient rain¬ 

fall upon it at any season of the year to produce a crop; that 
it is desert land, and will not produce without irrigation any agri¬ 
cultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 




230 


DESERT LANDS. 


limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion cf said 
land is claimed for mining purposes under the local customs or ru.es of 
miners or otherwise ; that no portion of said land is wprked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with most of the land in that 
portion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant fnrther says that he has been a resident of said county for about 
four years last past; that he has examined the map hereto annexed marked 
“ Exhibit A,” by him subscribed, being a map of a part of Kern County, 
State of California, and believes the same to be correct ; that the lands 
therein designated as lying between Kern River and the Sixth Standard 
Line (outside of the swamp lands delineated thereon) are dry, arid plains 
during about ten months of the year ; that the natural growth of vegeta¬ 
tion thereon consists of sparse bunches of worthless sage brush and some 
wild grasses and flowers that flourish for a short time after the winter 
rains and perish for want of moisture in early summer and spring ; that 
the only mode of rendering said lands of any value is by a system of irri¬ 
gation which requires the expenditure of a vast amount of capital and la¬ 
bor, without which they are worthless ; that the lands embraced in said 
application have never been settled upon or cultivated by any one within 
the knowledge of affiant; that they are not subject to overflow and do not 
require protection therefrom by artificial levees or otherwise. 

B. Ardizzi. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 


DESERT LANDS. 


231 


Affidavit of J. P. Aiterbery. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. P. Atterbery, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declarations of Edward H. Morton and Jeremiah Miller, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to wit : 

The South X and Northwest X? an d the Northeast X> of Section 32, 
Township 28 South, of Range 25 East, Mount Diablo Base and Meridian; 
that he has been upon said land, and is acquainted therewith ; and 
that his knowledge of said land is such as to enable him to tes¬ 
tify understandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that if is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land, 
designated as swamp land in that section of country, after ? reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said decla¬ 
rations of Edward H. Morton and Jeremiah Miller, and the exterior 
bounds thereof. There are no settlers on said land, and no part thereof 
has been cultivated, and the same is not subject to overflow or protected 
from overflow by levees or in any artificial manner. He has examined 



232 


DESERT LANDS. 


the map appended, marked with his name, and the same correctly repre¬ 
sents the lands delineated thereon, and the said lands without the bounda¬ 
ries of those laid down thereon as swamp and overflowed are of a uniform 
general character, desert lands—they are dry, dusty, arid plains for eight 
or ten months of each year, and are unfit for farming unless they are re¬ 
claimed by irrigation, and no kind of an agricultural crop can be raised 
thereon without irrigation by artificial means. This he has learned by 
experience and experiment in their farming. He has no interest in any 
lands claimed under the Desert Land Act. J. P. Atterbery. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of H. S. Bachman. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

H. S. Bachman, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a physician and 
surgeon ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of Henry C. Johannes and Joseph M. Quay, 
which land is situate, lying and being in the County of Kern, State of Cali¬ 
fornia, and more particularly described as follows, to-wit: 

The Southwest X and the West X of the Southeast X> and the West 
X of the Northwest X of Section 14, Township 28 South, of Range 
25, East, Mount Diablo Base and Meridian ; that he has been upon 
said land, and is acquainted therewith ; and that his knowledge of 
said land is such as to enable him to testify understanding^ with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal ; that there is not within 
the limits of said land, to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is- worked for minerals during any part 




DESERT LANDS. 


2 33 


of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for about 
four years last past ; that he has examine ! the annexed map, marked 
“ Exhibit A,” by him subscribed, and he believes the same to be correct; 
that he is familiar with the lands designated on said map and lying be¬ 
tween Kern River and the Sixth Standard Line ; that outside of the 
swamp lands thereon the said lands are dry, arid plains; that the natural 
growth of vegetation thereon consists of sparse bunches of worthless sage 
brush, and a species of wild grass which grows but a short time during 
the spring. 

That the lands embraced in said applications are not subject to over¬ 
flow and do not require protection therefrom by artificial structures. 

That affiant has no interest in any application, directly or indirectly, 
in any claim made under the so-called Desert Land Act. 

That the lands embraced in said applications have never been settled 
upon or cultivated within the knowledge of affiant. 

H. S. Bachman, M. D. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Geo. D. Buffum. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

George D. Buffum, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a stock 
raiser ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of Arthur L. Adams, W. L. McAfee and J. 
M. Prather, which land is situate, lying and being in the County of 




234 


DESERT LANDS. 


Kern, State of California, and more particularly described as follows, 
to-wit : 

The Northeast X> the North X and Southeast X °f the Southeast X> 
the North X of the Southwest X> an d the Southeast X °f the North¬ 
west X, the North X of the Northwest X? and the Southwest X °f the 
Northwest X of Section io, Township 27 South, of Range 24 East, 
Mount Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understanding^ with regard there¬ 
to ; that said land is very dry and arid; that there is not suffi¬ 
cient rainfall upon it at any season of the year to produce a crop; 
that it is desert land, and will not produce without irrigation 
any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for 
about seven years last past; that he is familiar with the character of the 
lands lying between Kern River and the Sixth Standard Line, as desig¬ 
nated by the annexed map; that the natural growth upon said lands con¬ 
sists of worthless sage brush and affilerilla or wild grasses, that grow and 
flourish but a short time after the winter rains fall; that he is familiar 
with the system of ditches and canals as designated on said map, and the 
lands covered thereby; that without irrigation the said lands would be 
almost worthless for agricultural purposes. 

That the lands embraced in said applications have never been settled 
upon or cultivated by any one within the knowledge of affiant; that they 
are not subject to overflow, and do not require protection therefrom by 
artificial structures. 


DESERT LANDS. 


235 


That affiant has no interest directly or indirectly, in any .lands claimed 
under the so-called Desert Land Act. Geo. D. Buffum. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of W. Canfield. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

W. Canfield, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California ; that he is by occupation a farmer and 
stock raiser ; that he knows the land, and each legal subdivision thereof, 
described in the declaration of Jas. LI. Skellev, which land is situate, 
lying and being in the County of Kern, State of California, and more par¬ 
ticularly described as follows, to-wit : 

The East )4 of the Northeast % of Section 4, Township 31 South, 
of Range 26 East, Mount Diablo Base and Meridian; that he has 
been upon said land, and is acquainted therewith, and that his knowl¬ 
edge of said land is such as to enable him to testify understanding- 
ly with regard thereto; that said land is very dry and arid ; that there 
is not sufficient rainfall upon it at any season of the year to produce a 
crop, and it will not produce without irrigation any agricultural crop, and 
cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land, to his knowledge, any placer, 
cement, gravel, or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise ; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 




236 


desert lands. 


Affiant further says that he has resided in said County of Kern for seven 
years, and about three years of that time on Section 34, Township 30 
South, of Range 26 East; that he is in partnership with F. A. Tracy; 
that they own about 4,000 acres of land in Kern County, and cultivate 
about 300 acres in said Section 34, and Section 26; that he has examined 
the map referred to in F. A. Tracy’s affidavit, and believes the same 
to be correct; that said lands first herein described are designated by red 
lines around the section and refers to said map as part of this affidavit. 

Affiant further states that in the pursuit of his business he has traveled 
over most of the country delineated on said map, and is acquainted with 
the general features and character of the land; that it is dry and thirsty 
in its natural condition, and in ordinary years will not produce agricultu¬ 
ral crops without irrigation ; in exceptional seasons there might be suffi¬ 
cient rain to produce crops, but such occur so rarely that they could not 
be relied on for farming purposes. 

Affiant further states that about seven years since Gordon & Taylor 
cultivated a portion of the said land first herein described, and irrigated 
the same; that they made a good crop on it; that it has not been cul¬ 
tivated since; that it does not require levees to protect it from overflow. 

Affiant further states that the quality of most of said land is good, 
and when properly cultivated and irrigated it is very fertile and pro¬ 
ductive, but farmers cannot rely upon the rainfall to procure crops. 

Affiant further states that irrigating canals and ditches are costly and 
expensive, requiring large means to conduct water for any considerable 
quantity of land, lying off the immediate banks of Kern River, and that 
is the only source of water supply. 

Affiant further states that he is in no manner whatever interested in any 
application for the location of Desert Land. W. Canfield. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Nelson Carey. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


Nelson Carey, being of lawful age and first duly sworn, says that he is 
a citizen of the United States, and a resident of Kern County aforesaid ; 
that he has lived in said county nearly three years; that he has lived on 




DESERT LANDS. 


2 37 


Section 22, Township 31 South, of Range 27 East, nearly the whole of 
said time, that being his home. 

Affiant states that he has ridden and walked over thousands of acres of 
the land on Kern Island since he has resided here, and that he has never 
seen any of it that would produce agricultural crops without irrigation ; 
that it is dry, thirsty land, and no season since he has lived here has it 
afforded sufficient rain to grow and mature agricultural crops, outside the 
swamp land. Nelson Carey. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of C. T. Coyle. 


STATE OF CALIFORNIA, 

County of Kern. 

C. T. Coyle, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California ; that he is by occupation a far¬ 
mer ; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declarations of Amasa S. Hildreth, John Valentine and 
O. F. Von Rhein, which land is situate, lying and being in the County of 
Kern, State of California, and more particularly described as follows, 
to-wit : 

The Northwest X of the Southeast X? the South X of the North¬ 
east X> the South X of the Southeast X and the Northeast % of the 
Southeast X? the Southwest X °f Section 28, Township 28 South, 
of Range 25 East, Mount Diablo Base and Meridian; that he 

has been upon said land, and is acquainted therewith ; and that his 
knowledge of said land is such as to enable him to testify un- 

derstandingly with regard thereto; that said land is very dry 

and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and 

that there is not to his knowledge within the limits of said land any 
vein or lode of quartz, or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 





238 


DESERT LANDS. 


the limits of said land to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes or worked for minerals, and said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin and Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for two 
years last past, and has given particular attention to the subject of farm¬ 
ing, and to the character of the lands of said county. 

That he has examined the map hereto annexed, marked “Exhibit A, : ’ 
and believes the same to be correct; that the lands designated thereon 
and lying between Kern River and the Sixth Standard Line, outside of 
the swamp lands designated thereon, for about ten months in the year, 
are dry and arid; that the natural growth thereon consists of worthless 
sage brush, and wild grasses that grow for a short time after the winter 
rainfall, but soon perish for want of sufficient moisture. 

That he is familiar with the lands generally of said county, and the sys¬ 
tem of ditches and canals as designated on said map; that since his 
knowledge of the lands of said county experience has shown that without 
water or percolation from the river and ditches, it is impossible to raise 
an agricultural crop therefrom. 

That said lands will produce good crops when irrigated, but it involves 
the expenditure of a vast amount of labor and capital, and all attempts to 
cultivate said lands without irrigation have proved failures. 

That the lands embraced in said application have never been cultivated 
or settled upon by any one within the knowledge of affiant; that they are 
not subject to overflow and do not require protection therefrom by arti¬ 
ficial structures. C. T. COYLE. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


239 


Affidavit of D. D. Collom. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, j 

D. D. Collom, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a canner; 
that he knows the land, and each legal subdivision thereof, described 
in the declaration G. W. McKean, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly de¬ 
scribed as follows, to-wit: 

Northeast X °f Section 26, Township 26 South, of Range 25 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as 
to enable him to testify understanding^ with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is, in fact, worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not to his knowledge, within the limits of said land, any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min¬ 
eral deposit; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise ; that no portion 
of said land is worked for minerals during any pait of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that there are no settlers on the land covered by 
the said declaration of G. W. McKean aforesaid, and no part thereof has 
been cultivated, and the same is not subject to overflow or protected from 
overflow in any artificial manner ; he knows generally all the land indi¬ 
cated on the map appended, marked with his name, and all of said land 
west and north of the west branch of Kern River, as indicated thereon, 
are desert lands, and will produce no kind of an agricultural crop with- 



240 


DESERT LANDS. 


out irrigation ; that by reason of the little rainfall in the winter and the 
long, hot, rainless summer of this climate, said lands remain a dry, dusty, 
arid plain for eight or ten months of every year. 

That affiant has no interest in any land claimed under the Desert 
Land Act. D. D. COLLOM. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of C. Christensen. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, j 

C. Christensen, being first duly sworn, deposes and says that he is of 
lawful age, and a citizen of the United States, and a resident of Kern 
County, California; that he has been a resident of said county since the 
iqth day of October, A. D. 1872. 

This deponent further says that the map attached hereto, marked “Ex¬ 
hibit A,” and to which his signature is appended, is substantially correct, 
and that the main irrigation ditches delineated thereon are correctly laid 
down. 

Deponent further says that he has resided upon three quarters of Sec¬ 
tion 14, in Township 30 South, of Range 26 East, Mount Diablo Base 
and Meridian, since the year 1873 ; that in the year 1873 deponent put 
in a crop of barley and alfalfa upon a part of said land, and that the crop 
was a complete and utter failure, for the reason that deponent was unable 
to obtain irrigation water upon the same. In the year 1874, deponent 
again seeded a portion of said land in wheat and alfalfa, which was nearly 
destroyed before water for irrigation was obtained ; water was finally put 
upon the land and the same thoroughly irrigated, when the crop recuper¬ 
ated and finally produced a good crop. 

Since the year 1874, a very thorough system of irrigation has been car¬ 
ried out upon said lands, and the lands described have been thoroughly 
irrigated every season since. The result of this system has been that the 
land planted has invariably produced good crops. 

Deponent further says that he is acquainted with all the land in Town¬ 
ships 30 and 31 South, of Ranges 25, 26 and 27 East, Mount Diablo Base 
and Meridian, as laid down on said map, and that none of said lands will 
produce a crop of any kind without irrigation ; even the lands laid down 




DESERT LANDS. 


241 


on said map as swamp land, District in, in Townships 30 and 31 South, 
of Range 28 East, Mount Diablo Base and Meridian, require irrigation 
before any crops can be produced thereon. 

Deponent further says that he has traveled over the lands lying north 
of Kern River and Delano, and that said lands are entirely worthless for 
any agricultural purpose whatever, and are only fit for grazing sheep dur¬ 
ing a very few months in each year during the rainy season. During the 
summer months the rays of the sun parch and dry up this grass and the 
lands are then worthless, even for sheep grazing. Deponent says that it 
is absolutely impossible for any one to make a living on this land without 
a thorough system of irrigation. C. Christensen. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Paul Costi. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Paul Costi, being of lawful age and first duly sworn, says that he is a 
citizen of the United States, and a resident of the County and State afore¬ 
said; that he has lived in the lower part of San Joaquin Valley for near 
seven years, and on the Southwest X °f Section 18, Township 31 South 
of Range 27 East, on Kern Island for the last four years; that he is the 
owner of said land, and cultivates and farms the same; that his land is 
as good as any around it ; that for the first two years he was unable to 
procure water to irrigate his land, and that he did not cultivate it, well 
knowing that his labor would be lost without water to irrigate it. 

Affiant further states that in 1875 Haggin & Carr became interested in 
the Stine Ditch, the line of which runs very near his said land, and with 
their means enabled the settlers along the said ditch, to reconstruct the 
said ditch in conjunction with them, since which time he has been able to 
irrigate his land and make good crops. 

Affiant further states that the rainfall, since he has lived here, has not 
been sufficient to grow and mature any agricultural crop. 

Affiant further states that he is acquainted with the quality and char¬ 
acter of the land for several miles around his home; that it is all dry, 
hard land, and that outside the swamp lands on the lake, none of it will 
produce an agricultural crop without irrigation, and that he considers it 




242 


DESERT LANDS. 


so worthless for that purpose that he would not think of cultivating any 
of it unless he could obtain water to irrigate with. 

Affiant further states that said land is so dry and hard that none of it 
in its natural state can be plowed and put in condition to sow grain or 
grasses on, until it is first irrigated; this has been taught him by experi¬ 
ence personally; that he is now waiting for water to irrigate land which 
he contemplates cultivating the coming season. 

Affiant further states that he has no interest of any kind whatever in 
any application for the location of Desert Land. 

Paul Costi. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 


Affidavit of J. C. Crocker. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. C. Crocker, being of lawful age and first duly sworn, denoses and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a stock grower; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Edwin McAfee, which land is situate, lying and being 
in the County of Kern, State of California, and more particularly described 
as follows, to wit : 

The South X of the Southeast X> an d the South % of the Southwest 
X, and the Northwest X °f the Southwest X? and the Southwest X of 
the Northwest X of Section 12, Township 27 South, of Range 24 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understandingly with regard thereto ; that said land 
is very dry and arid ; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is 
not to his knowledge, within the limits of said land, any vein or lode 
of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal; that there is not within the limits of said 
land to his knowledge any placer, cement, gravel or other valuable min- 




DESERT LANDS. 


243 


eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says there are no settlers on said land covered by the 
declaration of Edwin McAfee, and no part of said land has been culti¬ 
vated or is the same subject to overflow or protected from overflow in any 
artificial manner. J. C. Crocker. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page 1. 

J. C. Crocker also verifies in a similar manner as to the lands men¬ 
tioned in the declarations of the undermentioned persons — as follows : 

Richard Broderick, Northeast X °f Section 34, Township 27 South, of 
Range 24 East. 

Heinrich Gral, Southwest X °f Northwest X and West X °f South¬ 
west X °f Section 26, Township 27 South, of Range 24 East. 

L. C. McAfee, North X and Southeast X °f Northwest X of Section 
26, Township 27 South, of Range 24 East. 

C. N. Johnson, Northeast X of Section 26, Township 28 South, of 
Range 24 East. 

Horace Z. Wheeler, West X °f Northwest X °f Section 26, Town¬ 
ship 28 South, of Range 24 East. 

C. J. Willey, East X of Southeast X °f Section 26, Township 28 South, 
of Range 24 East. 

Robert Lucas, Northeast X> and East X of West X and Southwest X 
of Southwest X °f Section 14, Township 27 South, of Range 24 East. 

H. A. Gorley, Northeast X of Section 26, Township 27 South, of Range 
24 East. 

E. M. Miles, Northeast X of Section 10, Township 28 South, of Range 
24 East. 

John Crockett, Northeast X of Section 22, Township 28 South, of 
Range 24 East. 

Thomas Rodgers, East X of Southeast X of Section 22, Township 28 
South, of Range 24 East. 

O. F. Willey, South X and Northwest X of Section 34, Township 28 
South, of Range 24 East. 


244 


DESERT LANDS. 


Affidavit of J. P. Dixon. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, j 

James P. Dixon, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of J. B. Haggin, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The South y 2 of the Southwest X* and the South y.oi the Southeast 
X of Section 6, all in Township 30 South, of Range 26 East, Mount Diab¬ 
lo Base and Meridian; that he has been upon said land, and is acquainted 
therewith, and that his knowledge of said land is such as to enable 
him to testify understanding^ with regard thereto; that said land is 
very dry and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any veinjor lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with nearly all or a large 
portion of the land in that portion of San Joaquin or Tulare Valley within 
the limits of Kern County ; that none of said land, except the swamp land, 
will in an ordinary season produce an agricultural crop without irrigation ; 
that most of the land designated as swamp land in that section of coun¬ 
try, after reclamation, requires irrigation to produce a crop. 

Affiant further says that a portion of the said land, first described herein* 
was cultivated by a man named Fetteman, about three years ago, and he 
failed to make a crop for want of water to irrigate it; that he was a resi¬ 
dent of the county at that time; that said land does not require levees to 
protect it from overflow. 

Affiant states that he has resided in said County of Kern since about 



DESERT LANDS. 


245 


July, 1872, and has ever since that date been largely engaged in farming 
the Buena Vista Ranch on Section 20, Township 30 South, of Range 25 
East, which lies within three hundred yards of the north fork of Kern 
River, and about one mile from Buena Vista Slough, and also farming 
his own lands adjoining said ranch. 

Affiant further states that during the whole of said period he was also 
largely engaged in sheep raising, never having less than 8,000, and as 
many as 25,000 sheep to provide for; that he ranged his sheep during 
that time from the foothills of the Nevada and Coast Range Mountains 
over large portions of Kern Island, south of Kern River, and on the north 
side as far as Posa Creek; that his said business required him to fre¬ 
quently visit large and different portions of Kern Valley, and observe the 
quality and character of said lands ; that he has also traded largely in land; 
has bought and sold more than 5,000 acres of said land; that these mat¬ 
ters of business have given him a convincing knowledge of the general 
character and quality of all the lands delineated on the map hereto an¬ 
nexed, and signed with his name, which map he believes to be correct in 
the main. 

Affiant further states that from such knowledge he believes there is no 
land within the limits laid down on said map, except such tracts as lie 
within the swamp land districts, that will produce any agricultural crop 
whatever without irrigation ; that he has known of attempts having been 
made to farm portions of said lands without irrigation, and that all such 
attempts have invariably failed, and that in his own farming operations 
upon land lying adjacent to the swamp land, he has frequently lost por¬ 
tions of his crop, that he failed to irrigate, and that in no instance has 
he raised a crop without irrigation; and further, that he believes from ex¬ 
periments made upon such land that the most of the reclaimed swamp 
land in said county requires irrigation to be farmed successfully. 

Affiant further states that from his knowledge and experience in farming 
lands further north in the San Joaquin Valley, where there is always a 
much greater rainfall than in Kern County, he believes it to be impossi¬ 
ble to raise grain or other agricultural crops, without irrigation, on the 
lands hereinbefore mentioned and referred to. 

For the purpose of describing more particularly the limits of the desert 
land above referred to, affiant refers to said map embracing the following 
townships and ranges, between the Sixth and Eighth Standard Lines, to- 
wit: Townships 25, 26, 27, 28, 29, 30, 31 and 32 South, of Ranges 22, 23, 
24, 25, 26, 27 and 28 East, Mount Diablo Base and Meridian. 

Affiant further states that the canals and ditches laid down on said map 
are substantially correct; that they cost more than $200,000; that the 
fact that said canals and ditches were constructed at so great a cost is 


246 


DESERT LANDS. 


sufficient proof that the said lands require to be irrigated to produce ag¬ 
ricultural crops; that their construction has quite, or more than doubled 
the value of all lands supplied with water from them, and has to that ex¬ 
tent added to the taxable property of the county, and been of great pub¬ 
lic benefit. 

That the Pioneer, Stine and Buena Vista Ditches have been recon¬ 
structed in a large degree by money furnished by Haggin & Carr, thus 
enabling small farmers and stockholders in said canals and ditches to 
raise crops by irrigation, and out of the same to pay their assessments 
to Haggin & Carr. 

Affiant further states that the policy of said Haggin & Carr has been 
not to drive small farmers out, by assessments they could not pay, but 
to assist them to hold their ditch stock and cultivate their lands, thus 
adding to the general value of all property in the district; that many 
such instances have come within the personal knowledge of affiant. 

Affiant further states that he is not interested, either directly or indi¬ 
rectly, in any application for the location of Desert Land. 

J. P. Dixon. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Calvin Dunlap. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Calvin Dunlap, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident 
of the Countv of Kern and State of California; that he is by occupation a 
farmer; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of W. B. Carr, which land is situate, lying and 
being in theCounty of Kern, State of California, and more particularly 
described as follows, to-wit: 

The North X? the Southeast X> and North X and the Southwest X 
of the Southwest X of Section 28, Township 27 South, of Range 25 East, 
Mount Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understanding!)' with regard thereto ; that said land 




DESERT LANDS. 


247 


is very dry and arid ; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop ; that it is desert land, and auII not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper, 
or any deposit of coal ; that there is not within the limits of said land to 
his knowledge any placer, cement, gravel or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for 
twenty years last past, and has had occasion to test the said lands for 
agricultural purposes. 

That he has examined the map hereto annexed, marked “ Exhibit A,’ 
by him subscribed, and believes the same to be correct. 

That the lands thereon designated, outside of the swamp lands, are dry, 
arid plains ; that the natural growth thereon consists of sparse bunches 
of worthless sage brush, and following the winter rainfall, a species of 
wild grass that grows but a short time in the spring, and perishes for 
want of moisture. 

That the only way said lands can be rendered valuable for any purpose 
is by irrigation, which involves the expenditure of a large amount of capi¬ 
tal and labor. 

That he is familiar with the system of canals and ditches represented 
on the said map, and the lands in the vicinity thereof; that prior to the 
construction of said ditches and canals, and the irrigation of the said 
lands thereby, they were worthless for agricultural purposes. 

That no farming is successfully prosecuted in said county without irri¬ 
gation, as the expenditure of hundreds of thousands of dollars in the con¬ 
struction of canals and ditches fully attests ; that the lands lying be¬ 
tween Kern River and the Sixth Standard Line, Mount Diablo Base and 


248 


DESERT LANDS. 


Meridian are not subject to overflow and do not require protection there¬ 
from by means of artificial structures. Calvin Dunlap. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Stephen Dysert. 

STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

Stephen Dysert, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and resides in the County 
and State aforesaid ; has resided there for nearly three years, is a farmer 
and land owner, and cultivates his own land, being the North y z of the 
Northeast X °f Section 18, Township 30 South, of Range 27 East, and 
lying in Kern Island Proper, and of as good quality on an average as any 
lands on the island. 

Affiant states, from his experience and knowledge of the said land, that 
it will not produce an agricultural crop without irrigation, the rainfall be¬ 
ing insufficient for that purpose. 

Affiant further states that he has been over nearly all of Kern Island 
north and west of Panama, and all from the Southern or Livermore Ranch 
to Kern and Buena Vista Lake, and out north of Kern River to Posa 
Creek, in search of lands to settle on as a pre-emptor and homestead 
claimant, being entitled to both in due course of law. Affiant states that 
on said search, which was diligent, he found no public lands to take that 
would produce an agricultural crop without irrigation, and that it would 
require very largely more means than he possessed or could control to 
put water on it ; that he abandoned the idea of entering upon any of it, 
and purchased the said North X of Northeast X of Section 18, lying 
under the large canals constructed by Haggin & Carr. 

Affiant further states that in his said search over this region of country 
he found the whole of it dry, arid and desolate, unfit for the production of 
any sort of agricultural crop in its natural state, and of no agricultural 
value unless freely irrigated, the rain not falling in sufficient quantity in 
this portion of the valley to grow and mature agricultural crops. 

Affiant further states that he has no interest of any kind whatever in 
any application for the location of desert lands. 

Stephen Dysert. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 




DESERT LANDS. 


249 


Affidavit of J. S. Ellis. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. S. Ellis, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Jas. P. Dyer, which land is situate, lying and being in 
the County of Kern, State of California, and more particularly described 
as follows, to-wit: 

The Southwest % of Section 34, Township 31 South, of Range 27 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as 
to enable him to testify understandingly with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that 
there is not, to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land, to his knowledge, any placer, cement, gravel or other 
valuable mineral deposit ; that no portion of said land is claimed for 
mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation 
requires irrigation to produce a crop. 

Affiant further says that he has resided in said County of Kern for seven 
years on the Northwest % and the West X of the Northeast X” of Section 
6, Township 31 South, of Range 27 East; that he is the owner of said 
land, and cultivates and farms the same. 

Affiant further states that he was at one time also engaged in st ock 



250 


DESERT LANDS. 


raising, and his business required him to be often over all the lands in 
the valley; that he is acquainted with the general character of the whole 
of it, and much of it he knows well; that the whole of it is a dry, thirsty 
land, and unfit for the production of agricultural crops in its natural state, 
and that it will not produce an agricultural crop without irrigation, the 
rainfall in this region never having been sufficient for that purpose since 
he has been there; but that a large portion of said lands can be made 
very fertile and productive by free irrigation and cultivation, but such a 
system of irrigation that will water properly any considerable quantity of 
land off the immediate banks of Kern River is very costly and expensive, 
and beyond the means of persons that usually pre-empt and homestead 
public lands. 

Affiant refers to a map attached to the affidavit of S. B. Inman, for a 
more perfect description of the location of said lands hereinbefore re- 
feri-ed to. 

Affiant further states that he has no interest, direct or indirect, in any 
application for the location of Desert Land. J. S. Ellis. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Seth M. Farman. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Seth M. Farman, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California; that he is by occupation a 
farmer ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declaration of E. H. Dyer, which land is situate, lying 
and being in the County of Kern, State of Calfornia, and more par¬ 
ticularly described as follows, to-wit : 

East y 2 of the Southwest X, and the Southwest % of the Southwest 
and the Southwest X of the Southeast X of Section 22, Township 30 
South, of Range 26 East, Mount Diablo Base and Meridian ; that he has 
been upon said land, and is acquainted therewith ; and that his knowledge 
of said land is such as to enable him to testify understanding^ with regard 
thereto ; that said land is very dry and arid; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop; that it is 




DESERT LANDS. 


251 


desert land, and will not produce without irrigation any agricultural crop, 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, silver, 
cinnabar, lead, tin or copper, or any deposit of coal; that there is not 
within the limits of said land to his knowledge any placer, cement, gravel 
or other valuable mineral deposit; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any. part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acqainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declaration of E. H. Dyer and the exterior bounds thereof; that there are 
no settlers on said land, and no part thereof has been cultivated; that 
said land is not subject to overflow or is the same protected from over¬ 
flow by dams, levees, dikes, or in any artificial manner ; he has been a 
resident of Kern County for about ten years; that he has examined the 
appended map, marked with his name, and he believes the same correct; 
that all of said land delineated on said map without the boundaries of 
land laid down as swamp is desert land; that the same will produce no 
kind of an agricultural cron without irrigation, and is worthless for agri¬ 
cultural purposes, unless reclaimed by a system of irrigation that must 
continue from seeding till maturity of every crop planted ; that without 
irrigation said lands are valueless, as they produce but little in their wild 
slate, which little dries up early in the summer, leaving said lands a dry, 
dusty plain for eight or ten months of each year; that he has become well 
acquainted with said lands by reason of having assisted in their survey, 
and knows their character and the system necessary to put them into 
farms from actual experience and experiment. 

Affiant further says that he has no interest in any lands claimed under 
the Desert Land Act. Seth M. Farman. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


252 


DESERT LANDS. 


Affidavit of Wm. Glendining. 


STATE OF CALIFORNIA, 

County of Kern. 

William Glendining, being of lawful age and first duly sworn, says that 
he has resided in Kern County since 1861, bei»g engaged the whole Of 
that time in sheep raising ; that his said business has required him to be 
often over the whole country in the lower part of Kern Valley from De¬ 
lano to Fort Tejon, and that he is well acquainted with the character of 
the lands in this portion of the country ; they are very dry lands, unsuit¬ 
able in their natural condition for the production of agricultural crops. 

Affiant states that in the winter of 1862 there was a very unusal quanti¬ 
ty of rain, and in the winter of 1867-68, the flood year, the rains were 
heavy, and Kern River overflowed much of the low portions of the plains, 
and that in small spots which had been well wet a crop of grain could have 
been raised the season following those rains. 

Affiant states that with the exception of those years the rainfall here 
has not been sufficient to grow and mature agricultural crops, outside the 
swamp lands. 

Affiant states that in his opinion, based upon his knowledge of, and fre¬ 
quent trips over, said land, it will not in ordinary seasons produce agri¬ 
cultural crops without irrigation, outside said swamp lands. 

Affiant further states that with proper irrigation, all of said lands which 
he has seen in cultivation produce fine crops. 

Affiant further states that he is not interested, either directly or indi¬ 
rectly, in any application for the location of desert lands. 

Wm. Glendining. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 



Affidavit of George B. Gunn. 


STATE OF CALIFORNIA, 

County of Kern, j 

George B. Gunn, being of lawful age and first duly sworn, deposes and 
savs that he is a citizen of the United States, and a resident of the County 
of Kern, and State of California; that he is by occupation a farmer ; that 






DESERT LANDS. 


2 53 


he knows the land, and each legal subdivision thereof, described in the 
declarations of F. E. Luty and B. B. Minor, which land is situate, lying and 
being in the County of Kern, State of California, and more particularly 
described as follows, to-wit: 

The West y 2 of the Northwest X> and the West X of the Southwest X> 
the Southeast X> East % of the Southwest X> and the East X of the 
Northwest X °f Section 30, township 26 South, of Range 25 East, 
Mount Diablo Base and Meridian; that he has been upon said land, 
and is acquainted therewith; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto; 
that said land is very dry and arid; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is, 
in fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal; that there is not within the 
limits of said land to his knowledge any placer, cement, gra-vel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise; 
that no portion of said land is worked for minerals during any part of the 
year, by any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said declara¬ 
tions of F. E. Luty and D. B. Minor, and there are no settlers on said 
land, and no part thereof has been cultivated, and the same is not subject 
to overflow or protected from overflow by dams, levees, or in any artificial 
manner; that he is well acquainted with the lands delineated on the map 
appended hereto, marked with his name, and all of said lands lying north 
and west of the west branch of Kern River, as indicated on said map are 
desert lands; that by reason of the scant rainfall in winter, and the long 
hot, dry summer seasons of this climate said lands are dry and dusty, 
arid, desert plains, destitute of[vegetation for eight or ten months of each 
year. Said lands will produce no kind of agricultural crops without irri¬ 
gation, and are valueless in their present wild state. 


254 


DESERT LANDS. 


That he has no interest in lands claimed under the Desert Land Act. 

George B. Gunn. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of W. W. Hudson. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

W. W. Hudson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California ; that he is by occupation a far¬ 
mer and stock raiser; that he knows the land, and each legal subdivision 
thereof, described in the declaration of J. W. Breckenridge and J. A. Fos 
ter, which land is situate, lying and being in the County of Kern, State 
of California, and more particularly described as follows, to-wit : 

The Southwest X of the Northwest %, the Northwest X °f the South¬ 
west X> the North X of the Northwest X> the Southeast X °f the North¬ 
west Xj the South X °f the Southwest X> the Northeast X °f the South¬ 
west X> an d the Southeast X of Section 28, Township 26 South, of Range 
25 East, Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith, and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert land, 
and will not produce without irrigation any agricultural crop, and is, in 
fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land to his knowledge any placer, cement, gravel, or 
other valuable mineral deposit ; that no portion of said land is claimed 
(or mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por- 




DESERT LANDS. 


255 


tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said County of Kern 
for eighteen years last past, and during all of such time he has been engaged 
in stock raising and farming, and has given the greater portion of his time 
to practically test the value of the lands of Kern Countv for agricultural 
and stock raising purposes; that he has examined the map hereto an¬ 
nexed, marked “ Exhibit A,” by him subscribed, being a map of a part 
of Kern County, compiled from official surveys and records, and believes 
the same to be substantially correct. 

That he is familiar with the system of canals and ditches represented 
on said map, and the lands contiguous thereto; that prior to the con¬ 
struction of said canals and ditches such lands were practically worthless 
for agricultural purposes, as there were no facilities for irrigation. 

That some portions of the lands of Kern County, in the vicinity of 
Kern River, its branches, sloughs, and the canals and ditches, are suscep¬ 
tible of producing good crops, but such crops depend upon percolation 
for sustenance. 

That outside of a small portion of the lands of said county bordering 
on the"river, the lakes and sloughs, the said lands are dry and arid for 
about ten months of the year. 

That he is acquainted with the lands represented by said map, lying 
between Kern River and the Sixth Standard Line, and outside of the 
swamp lands designated thereon, the natural growth of vegetation thereon 
consists of worthless sage brush, and a species of wild grass that grows 
for a short time after the winter rainfall, which affords pasturage for a short 
time, but perishes in early summer and spring for want of sufficient mois¬ 
ture. 

That during the early history and settlement of said county, affiant 
has known of a few attempts to cultivate farms and produce crops from 
said lands without irrigation, but all such efforts have proven abortive and 
fruitless. 

Grain will grow upon said lands during the rainy or winter season, and 
a short time during the spring, but after the rainy season closes the air 
becomes warm and dry, and there are not sufficient rainfalls to ma¬ 
ture a crop. 

That most of said lands contain good soil, and by a proper system of 
irrigation can be rendered valuable, but it requires the expenditure of a 


256 


DESERT LANDS. 


large amount of capital and labor, as the system of canals and ditches 
represented by the accompanying map fully attest. 

That none of the lands embraced in said applications have ever been 
settled upon or cultivated within the knowledge of affiant; that the 
same are not subject to overflow, and do not require protection therefrom 
by artificial structures of any kind. W. W. HUDSON. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Seth H. Hickcox. 


STATE OF CALIFORNIA, 

County of Kern. 

Seth H. Hickcox, being of lawful age and first duly sworn, says that he 
is a citizen of the United States, and a resident of the County and State 
aforesaid ; that he has resided on the Southwest % of Section 20, Town¬ 
ship 31 South, of Range 27 East, on Kern Island for five years ; that he 
is the owner, and farms and cultivates the same ; that there never has 
been sufficient rainfall on said land since he has resided here to grow 
and mature an agricultural crop. 

Affiant further states that he is well acquainted with the lands on Kern 
Island Proper, and that the whole of the same outside the swamp lands 
are very dry, and in his opinion wholly unfit for the cultivation of farming 
crops in their natural state, and that they will not produce any agricultural 
crops without irrigation. 

Affiant further states that he has attempted to produce crops on his 
said land and that of his sisters adjoining it, and failed entirely for want 
of sufficient water to irrigate his crops ; and that he would not again at¬ 
tempt to cultivate and produce any agricultural crop on any land that he 
knows on Kern Island without water to irrigate it. 

Affiant further states that he has no interest direct or indirect in any 
application for the location of desert lands. 

Seth H. Hickcox. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 





DESERT LANDS. 


257 


Affidavit of J. W. Hepburn. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. W. Hepburn, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of S. Hemenway, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to wit: 

Northeast X of the Northeast X of Section 34, Township 30 South, of 
Range 27 East, Mount Diablo Base and Meridian ; that he has been 
upon said land, and is acquainted therewith, and that his knowledge of 
said land is such as to enable him to testify understandingly with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is des¬ 
ert land, and will not produce without irrigation any agricultural crop, and 
is, in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, silver 
cinnabar, lead, tin or copper, or any deposit of coal ; that there is not 
within the limits of said land, to his knowledge, any placer, cement, gravel, 
or other valuable mineral deposit; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of the San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declaration of S. Hemenway, and there are no settlers theron, and no 
part thereof has been cultivated, and the same is not subject to overflow 
nor protected from overflow by levees, or in any artificial manner; that 
he has been a resident of Kern County for three years, and is well ac- 

8 



258 


DESERT LANDS. 


quainted with the lands delineated on the map appended hereto, and 
marked with his name, and all of said lands lying north and west of the 
west branch of Kern River, as indicated on said map, are desert lands ; 
that by reason of the scant rainfall in winter, and the long rainless sum¬ 
mers of this climate, said land lies a dry, dusty, arid plain for eight to ten 
months of the year, and is valueless for agricultural purposes, unlesss re¬ 
claimed by a system of artificial irrigation that will require a large ex¬ 
penditure of money. 

That he has no interest in any lands claimed under the Desert Land 
Act. J. W. Hepburn. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Eugene F. Hodgdon. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

E. F. Hodgdon, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof described in the 
declaration of J. G. Lucas, which land is situate, lying and being in the 

County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The North y 2 of Section 6, Township 27 South, of Range 26 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, 
and is acquainted therewith, and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that there 
is not, to his knowledge, within the limits of said land any vein or lode of 
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin or 
copper, or any deposit of coal ; that there is not within the limits of said 
land, to his knowledge, any placer, cement, gravel, or other valuable min- 




DESERT LANDS. 


259 


eral deposit ; that no portion of said land is claimed for mining purposes 
under the local customs or rules of miners or otherwise; that no portion 
of said land is worked for minerals during any part of the year, by any 
person or persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declaration of J. G. Lucas, to-wit: North ]/ z of Section 6, Township 27 
South, of Range 26 East, and there are no settlers thereon, and no part 
thereof has been cultivated, and the same is not subject to overflow or pro¬ 
tected from overflow by dams, levees, or in any artificial manner; that he 
has examined the map appended, marked with his name, and the same is 
correct; and the lands delineated on said map, without the boundaries of 
land laid down as swamp and overflowed, are desert lands, and will pro¬ 
duce no kind of an agricultural crop without irrigation ; that the lands 
lying west and north of the west branch of Kern River, as indicated on 
said map, are a dry, arid, dusty plain for eight or ten months of every 
year, and are valueless unless reclaimed by a system of irrigation, and no 
agricultural crop can be grown thereon unless irrigation is followed from 
seeding till harvest. 

Affiant further says that he has no interest in lands claimed under the 
Desert Land Act. Eugene F. Hodgdon. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


4 

Affidavit of Walter James. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


Walter James, being duly sworn upon oath, deposes and says that he 
is a resident of Kern County, and by occupation a civil engineer ; and is 
the same Walter James who made an affidavit as to the desert character 
of certain lands in Kern County, which affidavit was duly sworn to by 




26 o 


DESERT LANDS. 


him on the 16th day of October, 1877, before F. W. Craig, County Clerk 
of Kern County, California, and ex-officio Clerk of the County Court; that 
in this said affidavit on page 98 of the printed copy hereof, at the part indi¬ 
cated by a star, and beginning with the words “ Affiant states further that 
statements have been made, etc.,” and following: “Said affiant intended to 
say and now affiant further says, that the statements which have been 
made at the solicitation of designing persons and extensively circulated, 
for the purpose of creating the impression that the lands on Kern Island 
do not require irrigation, affiant says, only apply to small tracts of land, 
which are in truth and fact irrigated, not directly by flowing water over 
the land, but by water which impercolates through the embankment along 
irrigating canals, or through lands regularly irrigated on the surface, 
which being sandy and porous, permits the water used in irrigating to im- 
percolate or flow through the ground on to adjoining land, and which per¬ 
colating supplies the said adjoining land with sufficient moisture to pro¬ 
duce a crop, or at least such vegetable growth as to cause inexperienced 
persons or casual observers to think that said lands so watered produce 
without irrigation. 

And affiant intends to say that such lands will not produce such crops 
or vegetation unless they thus receive moisture by direct irrigation or 
impercolation from irrigated lands adjoining. Walter Tames. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of W. H. Johnson. 


STATE OF CALIFORNIA, 

County of Kern. 

W. H. Johnson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a butcher; that 
he knows the land, and each legal subdivision thereof, described in the 
declarations of George Oulton and F. B. Washington, which land is situ¬ 
ate, lying and being County of Kern, State of California, and more par¬ 
ticularly described as follows, to-wit : 

The West X of the Southeast %, and the Southwest X and the South¬ 
west X of the Northwest X, the Northeast X of Section 26, Town- 






DESERT LANDS. 


261 


ship 26 South, of Range 24 East, Mount Diablo Base and Meridian ; that 
he has been upon said land, and is acquainted therewith ; and that his 
knowledge of said land is such as to enable him to testify understanding!)' 
with regard thereto ; that said land is very dry and arid ; that there is not 
sufficient rainfall upon it at any one season of the year to produce a crop ; 
that it is desert land, and will not produce without irrigation any agricul¬ 
tural crop, and is, in fact, worthless for all agricultural purposes, and can¬ 
not be made of any agricultural value without irrigation ; that said land 
is not timber land, and there is not to his knowledge, within the limits of 
said land, any vein or lode of quartz or other rock in place bearing gold, 
silver, cinnabar, lead, tin or copper, or any deposit of coal; that there is 
not within the limits of said land to his knowlege any placer, cement, 
gravel or other valuable mineral deposit; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners or 
otherwise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the lands covered by the aforesaid 
declarations of George Oulton and F. B. Washington, and there are 
no settlers on said land, and no part thereof has been cultivated; said 
land is not subject to overflow or protected from overflow by levees, or in 
any artificial manner; that he has known the land delineated on the map 
appended hereto, and marked with his name, for many years, and its uni¬ 
form, general character, and all of said land without the boundaries of 
land laid down as swamp and overflowed is desert land; it cannot 
be made to produce any kind of an agricultural crop withont irrigation, 
and is valueless for farming purposes unless reclaimed by a system of 
artificial irrigation. By reason of the long, dry summers and little rain¬ 
fall in winter, said land remains a dry, arid, dusty plain for eight or ten 
months of every year. 

Affiant further says that he has no interest in any lands claimed under 
the Desert Land Act. W. H. Johnson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


262 


DESERT LANDS. 


Affidavit of S. M. Judd. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, j 

S. M. Judd, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County and 
State aforesaid ; that he has resided in said county for nearly six years ; 
that he is a farmer, and resides on the Northeast X °f Section 24, Town¬ 
ship 31 South, of Range 27 East; that said land belongs to him. 

Affiant further states that he has been often over a great deal of the 
land on Kern Island, and knows the character and general features and 
quality of the lands thereon ; the quality of said land is good, and by a 
proper system of irrigation and cultivation becomes very fertile and pro¬ 
ductive ; but that the rainfall since he has resided here has not been suffi¬ 
cient to grow and mature an agricultural crop. 

Affiant further states that the lands on the said Kern Island are dry 
and arid, and that they will not produce agricultural crops without irriga¬ 
tion ; they are not timber lands, and that they do not contain any mineral 
deposits, within his knowledge, and are not worked for minerals by any 
one at any season of the year. 

Affiant further states that he has no interest either direct or indirect in 
any application for the location of desert lands. S. M. Judd. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of J. M. Lundy. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

J. M. Lundy, being of lawful age and first duly sworn, says that he is a 
citizen of the United States, and a resident of the County and State afore¬ 
said ; that he has resided in said county for nearly seven years ; that he 
resides now on the Southwest X of Section 32, Township 30 South, of 
Range 27 East, and has resided on that land since the 5th day of July, 
1871, and that the same belongs to him. Affiant states that he is a far¬ 
mer, and has cultivated his said land and other lands adjoining ever since 
he has lived here. 





DESERT LANDS. 


263 


Affiant further states that in 1874 he plowed and sowed in barley 
twenty-five acres on the Southeast X of same section, relying upon the 
rainfall in part, and not being able to procure water to irrigate it, the 
crop failed entirely. Affiant further states that on his land he has some 
years been unable to get a good supply of water, and that he only made a 
partial crop ; and that every season that he had a good supply of water 
he always made good crops. 

Affiant further states that he has often been over Kern Island for seve¬ 
ral miles around his home, and that he has observed the lands, and is well 
acquainted with their general character ; that said lands in their natural 
condition are very dry ; that the rainfall since he has lived here has not 
been sufficient to grow and mature an agricultural crop ; and that in his 
opinion there are very little , if any, of the lands on Kern Island, that he 
has seen, which will produce an agricultural crop without irrigation. 

Affiant further states that he has no interest direct or indirect in any 
application for the location of desert land. J. M. Lundy. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Ed. Lafontain. 


STATE OF CALIFORNIA, 

County of Kern. 


ss. 


Ed. Lafontain, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a stock raiser; 
that he knows the land, and each legal subdivision thereof, described 
in the declarations E. T. Batturs and Alexander Warner, Jr., which land 
is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to-wit: 

The South X °f the Southeast X °f Section 8, and the North X of, 
of the Northwest X °f Section 22, Township 26 South, of Range 
25, East, Mount Diablo Base and Meridian ; that he has been upon 
said land, and is acquainted therewith ; and that his knowledge of 
said land is such as to enable him to testify understanding^ with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop; that it is desert 




264 


DESERT LANDS. 


land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin, or copper, or any deposit of coal; that there is not within 
the limits of said land, to his knowledge any placer, cement, gravel or 
other valuable mineral deposit; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for about 
four years last past; that he is familiar with the lands designated on the 
map marked “ Exhibit A,” lying between Kern River and the Sixth 
Standard Line; that the natural growth of vegetation upon said lands 
consists of worthless sage brush, and wild grasses that grow but a short 
time in the spring, and perish for want of moisture. 

That the only way said lands, outside of the swamp lands thereon and 
therein designated, can be rendered valuable, is by irrigation, which in¬ 
volves the expenditure of a large amount of capital and labor. 

That the lands embraced in said applications have never been settled 
upon or cultivated by any one within the knowledge of the affiant ; that 
the same are not subject to overflow, and do not require levees or other 
structures to protect them from overflow. Ed. Lafontain. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


265 


Affidavit of F. W. Martin. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

F. W. Martin, being of lawful age and first duly sworn, says that he is a 
citizen of the United States, and a resident of Kern County; that he has 
resided in Kern County for four years; that he has been a farmer, and is 
now engaged in sheep raising; that he owns a large band of sheep; that 
he lives in Section 13, Township 27 South, of Range 24 East, and that 
he has ranged his sheep there and on the lands around that section for 
six or seven miles each way; that he has been over much of said land 
in all the surrounding country, from Delano to Kern River; that he is 
well acquainted with the character of said land; that the whole of it is 
dry and parched for eight months and more in each year, and unfit for 
the production of agricultural crops in its natural state ; that it will 
not produce agricultural crops without irrigation; that the usual rainfall 
in this region of the country is not sufficient to grow and mature an agri¬ 
cultural crop. 

Affiant further states that in all ordinary years said land produces in the 
winter and spring short grasses, that die out as soon as the hot season 
comes on, which furnishes feed for sheep, but that it never grows to such 
extent as to amount to a crop for hay, and that it could not be cut and 
saved as a hay crop. 

Affiant states that he has no interest, direct or indirect, in any appli¬ 
cation for the location of Desert Land. 

F. W. (his X mark) Martin. 

Attest, S. H. Hunt. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of C. H. Mayo. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

C. H. Mayo, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County; 
of Kern and State of California ; that he is by occupation a farmer 





266 


DESERT LANDS. 


that he knows the land, and each legal subdivision thereof, described in 
the declarations of Henry Hyland, W. H. McClintock, J. W. McClung 
and J. F. McDonald, which land is situate, lying and being in the County 
of Kern, State of California, and more particuarly described as follows, 
to wit: 

The South X of the Northwest X? the North l / 2 of the Southwest X> 
the South l / 2 of the Southwest X? the South X of the Southeast X> the 
North l / 2 of the Northwest X °f Section 12, Township 28 South, Range 
25 East, Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith; and that his knowledge of said land 
is such as to enable him to testify understandingly with regard there¬ 
to ; that said land is very dry and arid ; that there is not suffi¬ 
cient rainfall upon it at any season of the year to produce an agri¬ 
cultural crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without irrigation ; 
that said land is not timber land, and that there is not to his knowledge, 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal ; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit ; that no 
portion of said land is claimed for mining purposes under the local cus¬ 
toms or rules of miners or otherwise'; that no portion of said land is 
worked for minerals during any part of the year by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for about 
eight years last past; that he has examined the annexed map marked 
“ Exhibit A;” by him subscribed, and believes the same to be correct; 
that the lands designated thereon, and lying between Kern River, and the 
Sixth Standard Line, outside the swamp land, are for about ten months 
in the year dry, arid plains ; that the natural growth of vegetation thereon 
consists of sparse bunches of worthless sage brush, and some wild grasses 
that grow for a short time after the winter rainfall, but perish in early 
summer for want of moisture. 

That he is familiar with the system of ditches and canals, designated 
on said map, and the lands contiguous thereto, and that the said lands 


DESERT LANDS. 


267 


derive their value by reason of their proximity thereto, and the means of 
acquiring water therefrom for the purposes of irrigation ; that without 
irrigation the said lands would be comparatively worthless for agricultu¬ 
ral purposes. 

That the lands lying between Kern River and the said Sixth Standard 
Line are susceptible of reclamation, and with proper appliances would 
produce a good crop, but to properly irrigate them requires the expendi¬ 
ture of a large amount of capital and labor, which has heretofore deterred 
persons from reclaiming the same. 

That none of the lands embraced in the said applications have ever 
been cultivated within the knowledge of affiant ; that the same are not 
subject to overflow, and do not require protection therefrom by means of 
levees or other artificial structures. C. H. Mayo. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Jas. C. McIntosh. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

James C. McIntosh, being of lawful age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern and State of California; that he is by occupation a farmer 
and mechanic ; that he knows the land, and each legal subdivision there¬ 
of, described in the declarations of L. F. Rowell, Arthur S. Cunningham, 
and A. K. P. Hannon, which land is situate, lying and being in the County 
of Kern, State of California, and more particularly described as follows 
to wit : 

The Northeast X an d West X °f the Southeast X °f Section 26, the 
North X of the Southwest X> the North X of the Northwest X of 
Section 28, Township 28 South, of Range 26 East, Mount Diab¬ 
lo Base and Meridian; that he has been upon said land, and is acquainted 
therewith, and that his knowledge of said land is such as to enable 
him to testify understanding^ with regard thereto; that said land is 
very dry and arid ; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not pro¬ 
duce without irrigation any agricultural crop, and is, in fact, worthless for 
all agricultural purposes, and cannot be made of any agricultural value 




268 


DESERT LANDS. 


without irrigation; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tin or copper 
or any deposit of coal; that there is not within the limits of said land, to 
his knowledge, any placer, cement, gravel, or other valuable mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of saidland, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declarations of L. F. Rowell, Arthur S. Cunningham and A. K. P. Han¬ 
non, and the exterior boundaries thereof; that he knows there are no 
settlers thereon, and no part of said land has been cultivated; that said 
land is not subject to overflow, nor is the same protected from overflow 
by levees or in any artificial manner; that he has examined the map ap¬ 
pended, marked with his name, and the same is correct; that no part of 
the land delineated on said map without the boundaries of land laid down 
as swamp and overflowed, will produce any kind of an agricultural crop 
without irrigation by artificial means ; that said lands are desert, dry, 
dusty plains, and can never be made into farms unless they are reclaimed 
by irrigation, and no crop can be raised thereon without continued irriga¬ 
tion. 

That he has no interest in any land claimed under the Desert Land 
Act. Jas. C. McIntosh. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of James C. McIntosh. 

STATE OF CALIFORNIA, I 

> ss. 

County of Kern. ) 

James C. McIntosh, being of lawful age and first duly sworn, says that 
he is a citizen of the United States, and a resident of the County and 
State aforesaid. 




DESERT LANDS. 


269 


Affiant states that he has resided in the San Joaquin Valley for the past 
ten years, and two years of that time in said County of Kern; that he has 
pre-empted and taken up, as a timber* claim, the West X of Section 12, 
Township 29 South, of Range 26 East, which is his home ; that it lies on 
the line of the Calloway Ditch, leading from Kern River, and that he has 
stock in said ditch. 

Affiant states that he moved to said County of Kern and took up the 
said land on the representation of O. P. Calloway, that he would con¬ 
struct said ditch, so as to enable him to irrigate said land ; that the work 
proved so expensive that the said Calloway was compelled to abandon the 
enterprise, and the other stockholders were unable to complete said ditch 
for want of means. 

Affiant states that his said land is so dry and arid that it is useless to 
him for agricultural purposes, and that he has not been able to cultivate 
it, for want of water to irrigate it. 

Affiant states that he has been over a large portion of Kern Valley, and 
is well acquainted with the character of the land, and particularly in lower 
Kern Valley and around his said land; that it is all dry, thirsty land, unfit 
for agricultural purposes in its natural condition, as there has not been, 
during his residence in this valley, sufficient rain to grow and mature an 
agricultural crop; that none of said land that he has seen will produce an 
agricultural crop without irrigation; that irrigating canals and ditches are 
costly and expensive, requiring large capital and outlay of money to con¬ 
struct them to any considerable distance from the banks of Kern River. 

Affiant believes that the whole of Kern Valley off the immediate bank 
of the river is worthless to pre-emptors and homstead claimants, in its 
natural state, without large means expended to convey sufficient water on 
the land to irrigate it. 

Affiant further states that large portions of said land became very fer¬ 
tile and productive under a proper system of irrigation and cultivation. 

Affiant states that he is not interested in any way whatever in any 
application for the location of desert land. 

James C. McIntosh. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


270 


DESERT LANDS. 


Affidavit of D. S. McFerren. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

D. S. McFerren, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a stock raiser; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of Henry Kenitzer and John F. Lohse, which land is situ¬ 
ate, lying and being in the County of Kern, State of California, and more 
particularly described as follows, to wit : 

Henry Kenitzer’s application for the Northwest X and West X of the 
Southwest X °f Section 4, Township 31 South, of Range 26 East ; also 
John F. Lohse’s application for the East X of the Northwest X °f Sec¬ 
tion 8, Township 31 South, of Range 27 East, Mount Diablo Base and 
Meridian; that he has been upon said land, and is acquainted there¬ 
with ; and that his knowledge of said land is such as to enable him to testify 
understanding^ with regard thereto ; that said land is very dry and arid; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop ; that it is desert land, and will not produce without irriga¬ 
tion any agricultural crop, and is, in fact, worthless for all agricultural pur¬ 
poses, and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge, within 
the limits of said land, any Vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal ; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that his business as stock raiser has caused him to 
travel frequently all over Kern Island and near it on all sides and on 
southwardly and eastwardly as far as the mountains, Nevada and Coast 
Range, and he is well acquainted with the general character of land lying 
within said last named limits ; that the whole of said country outside the 
swamp land is very dry, and in his opinion unfit for the cultivation of 
grain crops in its natural condition ; that he has farmed a great deal, and 
feels competent to express this opinion. 

Affiant states that he has never seen sufficient rainfall in this region of 
the country to grow and mature agricultural crops, and that he does not 



DESERT LANDS. 


271 


believe that any of the land he has seen in the lower part of Kern Valley 
and on Kern Island (outside the swamp land) will produce an agricultural 
crop without irrigation ; he further states that nearly all of said land be¬ 
comes very fertile and productive when properly irrigated and cultivated. 

Affiant further states that the said tracts of land first herein described 
do not require levees to protect them from overflow. 

Affiant further states that said tract on Section four appears to have 
been cultivated at one time, but has been abandoned. 

Affiant further states that he has no interest directly or indirectly in any 
application for the location of desert land. D. S. McFerren. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Michael McQuirk. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Michael McQuirk, being of lawful, age and first duly sworn, deposes 
and says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California; that he is by occupation a far¬ 
mer ; that he knows the land, and each legal subdivision thereof, de¬ 
scribed in the declarations of Wm. M. Lent, W. P. Willard and Edward 
S. Gaver, which land is situate, lying and being in the County of Kern 
State of California, and more particularly described as follows, to-wit: 

The Northeast X of the Northwest X> the South X> the Northeast 
X, the South y 2 of the Northwest X> the Northwest X of the North¬ 
west X of Section 34, and the South X of the Northeast and the 
Southeast X of the Northwest X of Section 30, all in Township 27 
South, of Range 25 East, Mount Diablo Base and Meridian; that he 
has been upon said land, and is acquainted therewith, and that his knowl¬ 
edge of said land is such as to enable him to testify understanding- 
ly with regard thereto; that said land is very dry and arid ; that there 
is not sufficient rainfall upon it at any season of the year to produce a 
crop, and it will not produce without irrigation any agricultural crop, and 
cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear- 




272 


DESERT LANDS. 


ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land, to his knowledge, any placer, 
cement, gravel, or other valuable mineral deposit; that no portion of said 
land is claimed for mining purposes under the local customs or rules of 
miners or otherwise ; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident.of said county for about 
six years ; that he has examined the map hereto annexed, marked “ Ex¬ 
hibit A,” and believes the same to be substantially correct; that the lands 
thereon designated, lying between Kern River and the Sixth Standard 
Line, for about ten months in the year are dry, arid plains; that the natu¬ 
ral growth of vegetation thereon consists of worthless sage brush, and 
some wild grasses that grow for a short time after the winter rainfall, and 
perish in the spring and early summer for want of sufficient moisture. 

That none of the lands embraced in said application have been culti¬ 
vated within the knowledge of affiant ; that the same are not subject to 
overflow, and do not require protection therefrom by artificial structures 

That affiant has no interest in any lands claimed under the so-called 
Desert Land Act. Michael McQuirk. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of R. Meacham. 


STATE OF CALIFORNIA 



County of Kern. 


R. Meacham, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California ; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of Arthur Gieglingen, which land is situate, lying and being in the 




DESERT LANDS. 


273 


County of Kern, State of California, and more particularly described as 
follows, to wit : 

The North %. of the Northwest % of Section 26,' Townshp 29 South, 
of Range 26 East, Mount Diablo Base and Meridian; that he has been up¬ 
on said land, and is acquainted therewith, and his knowledge of said land 
is such as to enable him to testify understandingly with regard thereto ; that 
said land is very dry and arid ; that there is not sufficient rainfall upon it 
at any season of the year to produce a crop ; that it is desert land, and 
- will not produce without irrigation any agricultural crop, and is, in fact, 
woithless for all agricultural purposes, and cannot be made of any agri¬ 
cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land to his knowledge any placer, cement, gravel or other 
valuable mineral deposit; that no portion of said land is claimed for min¬ 
ing purposes under the local customs or rules of miners or otherwise ; 
that no portion of said land is worked for minerals during any part of the 
year, b) any person or persons; that said land is essentially non-mineral 
land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declaration of Arthur Gieglingen, and there are no settlers on said land, 
and no part thereof has been cultivated, and the same is not subject to 
overflow or protected from overflow by levees, or in any artificial man¬ 
ner ; that he has been farming in Kern County for six years, and is well 
acquainted with the lands delineated on the map appended hereto marked 
with his name and all of the said lands lying west and north of the west 
branch of Ken River as indicated thereon are desert lands; that, by rea¬ 
son of the little rainfall of winter and the long, hot, rainless summers, said 
lands remain a dry, dusty, arid, desert plain for eight or ten months of 
every year : said lands are of little value in their wild state, and will pro¬ 
duce no kind of agricultural crop without reclamation by artificial irriga¬ 
tion, which must be kept up every year from seeding till harvest. He has 

no interest in any lands claimed under the Desert Land Act. 

R. M EACH AM. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


274 


DESERT LANDS. 


Affidavit of S. M. Meeker. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

S. M. Meeker, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the Courty 
of Kern and State of California; that he is by occupation a farmer; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of Jos. P. Dyer, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to-wit : 

The Southwest X °f Section 34, Township 31 South, of Ran^e 27 
East, Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith ; and that his knowledge of said land 
is such as to enable him to testify understanding^ with regard thereto ; 
that there is not sufficient rainfall upon it at any season of the year to 
produce a crop, and it will not produce without irrigation any agricultural 
crop, and is, in fact, worthless for all agricultural purposes, anc cannot 
be made of any agricultural value without irrigation ; that saic land is 
not timber land, and that there is not to his knowledge, within the limits 
of said land, any vein or lode of quartz or other rock in place bearing 
gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge zny placer, 
cement, gravel or other valuable mineral deposit ; that no porton of said 
land is claimed for mining purposes under the local customs or rules of 
miners, or otherwise ; that no portion of said land is worked for miner¬ 
als during any part of the year, by any person or persons ; that said land 
is essentially non-mineral land. 

Affiant further says that he has resided in said Count) of Kern for 
nearly three years on his own land, being the West X of Section 26, 
Township 31 South, of Range 27 East; and that he cultivates, and farms 
the same in the usual crops made in this portion of the country. 

Affiant states that he cannot produce agricultural crops cn his said land 
without irrigation. 

Affiant further states that he is acquainted with the general features and 
character of the lands on Kern Island for some miles around his said 
home, and that the said lands in their natural state will not produce an 
agricultural crop without irrigation, except a few small spots lying im¬ 
mediately adjacent to ditches or canals on the lake, which are kept moist 
by the water flowing in said ditches and in the lake ; these spots are the 
exceptions, not the rule. 



DESERT LANDS. 


275 


Affiant further states that the rainfall has not been sufficient since he 
has resided here to grow and mature an agricultural crop; and that he 
has no interest; directly or indirectly, in any application for the location 
of desert lands. S. M Meeker. 

Sworn to before F, W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of C. Miller. 

STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, j 

C. Miller, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California : that he is by occupation a stock grower ; 
that he knows the land, and each legal subdivision thereof, described in 
the declaration of Dorman L. Noggle, which land is situate, lying and 
being in the County of Kern, State of California, and more particularls 
described as follows, to-wit : 

The North ]/ 2 of the Southeast X? the Southwest X °f the Southeast 
X and Northeast X °f the Southwest X °f Section io, Township 27 
South, of Range 25 East, Mount Diablo Base and Meridian; that he hay 
been upon said land, and is acquainted therewith; and that his knowl¬ 
edge of said land is such as to enable him to testify understandingly 
with regard thereto; that said land is very dry and arid; that there is 
not sufficient rainfall upon it at any season of the year to produce a 
crop; that it is desert land, and will not produce without irrigation any 
agricultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that 
said land is not timber land, and that there is not to his knowledge 
within the limits of said land, any vein or lode of quartz or other rock in 
place bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of 
coal; that there is not within the limits of said land to his knowledge 
any placer, cement, gravel or other valuable mineral deposit; that no 
portion of said land is claimed for mining purposes under the local cus¬ 
toms or rules of miners or otherwise; that no portion of said land is 
worked for minerals during any part of the year, by any person or per¬ 
sons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 




276 


DESERT LANDS. 


that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that there are no settlers on the said land covered 
by the declaration of Dorman L. Noggles aforesaid, and no part of said 
land has been cultivated, and the same is not subject to overflow, or pro¬ 
tected from overflow by artificial means. 

That the lands delineated on the map appended hereto, marked with 
his name, and all of said land lying west and north of the west branch ot 
Kern River, as indicated thereon, are desert lands; that they will pro¬ 
duce no kind of an agricultural crop without irrigation; that by reason ot 
the scant rainfall of winter and the long, rainless, hot summers common 
to this climate, said lands lie a dry, dusty, arid plain for eight or ten 
months of each year. 

That he has no interest in any lands claimed under the Desert Land 
Act. C. Miller. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Jno. O. Miller. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

John O. Miller, being ot lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States and a resident of the County 
and State aforesaid ; that he has resided in said county since November 
1875 ; that he is the owner and lives on South l / 2 of Southwest X °f Sec¬ 
tion 26, Township 29 South, of Range 25 East ; that he has not cultivated 
his said land farther than to attempt to make vegetables, for the reason 
that he had no water to irrigate with, well knowing that he could not 
raise grain on said land without irrigation. 

Affiant states that he has been over the country for some miles around 
his home; that all of it is dry, arid land, outside the swamp land ; that 
the rainfall here has not been sufficient since he has been in the country 
to grow and mature crops of grain, and that he does not believe any of 
the land he has seen, outside of swamp land, will produce an agricultural 
crop without irrigation. 




DESERT LANDS. 


2 77 


Affiant further states that he has no interest, directly or indirectly, in 
any application for the location of desert land. Jno. O. Miller. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of H. Noble. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

H. Noble, being of lawful age and first duly sworn, says that he is a 
citizen of the United States, and a resident of the County and State afore¬ 
said ; that he has resided in said county for nearly six years, and on the 
South %. of the Northwest X and the South X of the Northeast X °f 
Section 2, Township 31 South, of Range 27 East; that he is the owner of 
and has cultivated and farmed the same for the last three years . 

Affiant states that he was one of the first settlers in the portion of the 
valley around his home aforesaid ; that he has been over the lands all 
around him and to the distance of several miles very often, showing per¬ 
sons desirous of settling here the lands, and thus became acquainted well 
with the character and qualities of said lands ; that said lands are dry and 
arid, and in his opinion will not produce an agricultural crop without irri¬ 
gation ; the rainfall on Kern Island is not sufficient to produce and ma¬ 
ture an agricultural crop ; he has found all the lands above referred to, 
outside the swamp lands, bearing the same general features and character. 

Affiant further states that he has never attempted to cultivate his said 
land without irrigation ; but that he has sometimes failed to get water on 
the whole of his crop, and that whenever he failed to irrigate the land the 
crop failed. 

Affiant further states that irrigating canals and ditches are costly and 
expensive, and that he considers a good water right that conducts a suffi¬ 
cient quantity of water on any given quantity of land to irrigate it prop¬ 
erly is worth as many dollars as the land itself. 

Affiant further states that he has no interest, direct or indirect, in any 
application for the location of desert lands. H. Noble. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 




278 


DESERT LANDS. 


Affidavit of P. B. Oneal. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern, j 

P. B. Oneal, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern, and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declarations of P. W. Blunt, and W. H. Moor, which land is situate, lying 
and being in the County of Kern, State of California, and more par¬ 
ticularly described as follows, to-wit: 

The West l / 2 of Section 10, and the Northeast X °f Section 14, 
Township 26 South, of Range 24 East, Mount Diablo Base and Meridian; 
that he has been upon said land, and is acquainted therewith; and that 
his knowledge of said land is such as to enable him to testify un- 
derstandingly with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any sea¬ 
son of the year to produce a crop; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge within the limits of said land any 
vein or lode of quartz, or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land to his knowledge any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes or worked for minerals, and said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin and Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declarations of P. W. Blunt and W. H. Moor, and there are no settlers 
thereon, and no part of said land is cultivated, and the same is not sub¬ 
ject to overflow, nor protected from overflow by levees, or in any artificial 
manner; that he is acquainted with the land delineated on the map ao- 
pended hereto, and marked with his name, and said land without the 



DESERT LANDS. 


boundaries of the land laid down as swamp and overflowed, on said map 
are desert land, and will not produce any kind of agricultural crop with¬ 
out irrigation ; that he has known said land about fifteen years, and it 
is valueless for farming purposes unless reclaimed by a system of artifi¬ 
cial irrigation; by reason of the little rainfall in the winter season, and 
the long, dry, hot summers, said land remains a desert for eight or ten 
months of every year, being a dry, dusty and arid plain during that time. 

That he has no interest in any lands claimed under the Desert Land 
Act. P. B. Oneal. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of Robert Perrin. 


STATE OF CALIFORNIA, } 

> SS. 

City and County of San Francisco, j 

Robert Perrin, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, being a native of the State 
of Alabama ; that he was born upon a farm in said State of Alabama, and 
was engaged in the business of farming in said State until his removal to 
the State of California in the year 1869 ; that at the time of his arrival in 
the State of California he was about 33 years of age ; that after his arrival in 
this State he purchased a large tract of land in Fresno County, in the San 
Joaquin Valley, with a view of farming the same, but owing to the paucity 
of the rainfall in said region he was unable to make farming successful, 
and abandoned his intention of farming and settled in San P'rancisco, and 
has since been engaged in dealing in farming and grazing lands ; that he 
is familiar with the subject of agriculture and the production of crops in 
California and on the Pacific Coast; that it has been his business to ex¬ 
amine and inform himself as to the quality and productiveness of lands 
on what is known as the Pacific Slope ; that he has been familiar with 
the southern end of the San Joaquin Valley, and particularly with that 
portion of the same lying in Kern County, since the year 1869 ; that in 
1873, at the request and for Mr. J. B. Haggin, he made a close and care¬ 
ful examination of that section of Kern County lying in Township 30 
South, of Ranges 25, 26 and 27 East, Township 31 South, of Ranges 25, 
26 and 27 East, and generally known as Kern Island, and found the soil 
to be fertile but extremely dry and unproductive, and was entirely satis- 




28o 


DESERT LANDS. 


fied from this examination and from knowledge of the rainfall in that sec¬ 
tion of country, that no portion of said land would produce agricultural 
crops without irrigation ; that there might be small pieces that would pro¬ 
duce from the percolation or seepage of water from the water courses or 
ditches, but such pieces are extremely small and insignificant, not exceed¬ 
ing a few acres at any one place ; that the whole of the plain of Kern 
County, except the swamp lands and the small pieces just referred to, is 
in his opinion thoroughly useless for agricultural purposes without irriga¬ 
tion, and even the swamp lands, after the water is drained off, will have 
to be irrigated to produce crops successfully. Robert Perrin. 


STATE OF CALIFORNIA, 

City and County of San Francisco. 

I, Thomas H. Reynolds, County Clerk and ex-officio Clerk of the 
Twelfth District Court, it being a Court of Record and having a Seal, do 
hereby certify that the foregoing affidavit was subscribed and sworn to 
before me by Robert Perrin on the 16th day of November, A. D. 1877 ; 
and I do further certify that said affidavit was read to the said Robert 
Perrin previous to his name being subscribed thereto ; and that deponent 
is a respectable person, to whose affidavit full faith and credit should be 
given. 

In witness whereof, I have hereunto subscribed my name and 
affixed the seal of said court this 16th day of November, A- 
D. 1877. * Thomas H. Reynolds, 

County Clerk and ex-officio Clerk of the Twelfth District Court, City and 
County of San Francisco, State of California. 


SEAL 



Affidavit of J. E. Peters. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. E. Peters, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer ; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
rations of A. C. Morse and John H. Bundy, which land is situate, lying and 
being in the County of Kern. State of California, and more particularly 
c/escribed as follows, to wit: 






DESERT LANDS. 


281 


The East X of the Southwest X °f Section 18, the South X of the 
Southwest X) an d the Northwest X °f the Southwest X °f Sec¬ 
tion 20, all in Township 27 South, of Range 25 East, Mount Diablo 
Base and Meridian ; that he has been upon said land, and is ac¬ 
quainted therewith ; and that his knowledge of said land is such as 
to enable him to testify understandingly with regard thereto ; that said 
land is very dry and arid ; that there is not sufficient rainfall upon it at 
any season of the year to produce a crop ; that it is desert land, and will 
not produce without irrigation any agricultural crop, and is in fact worth¬ 
less for all agricultural purposes, and cannot be made of any agricultural 
value without irrigation ; that said land is not timber land, and that 
there is not, to his knowledge, within the limits of said land, any vein 
or lode of quartz or other rock in place bearing gold, silver, cinnabar, 
lead, tin or copper, or any deposit of coal ; that there is not within the 
limits of said land, to his knowledge, any placer, cement, gravel or other 
valuable mineral deposit ; that no portion of said land is claimed for 
mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any 
part of the year, by any person or persons ; that said land is essentially 
non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation 
requires irrigation to produce a crop. 

Affiant further says that there are no settlers on said land covered by 
the declarations of A. C. Morse and John H. Bundy; and no part thereof 
has been cultivated, and the same is not subject to overflow or protected 
from overflow in any artificial manner. He has been a resident of Kern 
County for about nine years, and knows the land delineated on the map 
appended hereto marked with his name, and all of said land lying west 
and north of the west branch of Kern River as indicated thereon is desert 
land, and will produce no kind of an agricultural crop without irrigation. 
That, by reason of the little rainfall of the winter, and long, hot, rainless 
summers, said land remains a dry, dusty, arid plain for eight or ten 
months of every year. He has no interest in any lands claimed under 
the Desert Land Act. J. E. Peters. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


282 


DESERT LANDS. 


Affidavit of William B. Phillips. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Wm. B. Phillips, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of John J. Cushing and F. H. Waterman, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to-wit: 

The Northwest % of Section 14, and the Southeast X of the South¬ 
east X °f Section 28, Township 29 South, of Range 27 East, Mount 
Diablo Base and Meridian; that he has been upon said land, and is 
acquainted therewith; and that his knowledge of said land is such 
as to enable him to testify understandingly with regard thereto ; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert 
land, and will not produce without irrigation any agricultural crop, and is 
in fact, worthless for all agricultural purposes, and cannot be made of 
any agricultural value without irrigation ; that said land is not timber 
land, and that there is not to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is 
not within the limits of said land to his knowledge any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley, within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary 
season produce an agricultural crop without irrigation ; that most of the 
land designated as swamp land in that section of country, after reclama¬ 
tion, requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for about 
one and a half years. 

That he has examined the annexed map, marked “ Exhibit A,” by him 
subscribed, and believes the same to be correct. t 

That he is familiar with the lands lying between Kern River and the 



DESERT LANDS. 


Sixth Standard Line; that the natural growth of vegetation thereon con¬ 
sists of worthless sage brush, and during the early spring, following the 
winter rainfall, a species of wild grass, that flourishes but a short time, 
when said lands become dry, arid plains. 

That none of the lands embraced in said applications have ever been 
cultivated by any one within the knowledge of affiant; that the same are 
not subject to overflow and do not require protection therefrom by arti¬ 
ficial structures. William B. Phillips. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in 
affidavit on page i. 


Affidavit of Charles J. Proft. 


STATE OF CALIFORNIA, 

County of Kern. 

Charles J. Proft, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the 
County of Kern, and State of California ; that he is by occupation a far¬ 
mer ; that he knows the land and each legal subdivision thereof, de¬ 
scribed in the declarations of Joseph Clark and Shubael M. Folger, 
which land is situate, lying and being in the County of Kern, State ot 
California, and more particularly described as follows, to-wit: 

The Southwest X of the Northwest X> the Northwest X °f the South¬ 
east X Section 4, Township 29 South, of Range 25 East, Mount Di¬ 
ablo Base and Meridian ; that he has been upon said land, and is ac¬ 
quainted therewith, and that his knowledge of said land is such 
as to enable him to testify understanding^ with regard thereto ; that 
said land is very dry and arid; that there is not sufficient rain¬ 
fall upon it at any season of the year to produce a crop; that 
it is desert land, and will not produce without irrigation any agri¬ 
cultural crop, and is, in fact, worthless for all agricultural purposes, 
and cannot be made of any agricultural value without irrigation ; that said 
land is not timber land, and that there is not to his knowledge, within the 
limits of said land, any vein or lode of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that 
there is not within the limits of said land to his knowledge any placer, 
cement, gravel or other valuable mineral deposit ; that no portion cf said 
land is claimed for mining purposes under the local customs or rules of 





284 


DESERT LANDS. 


miners or otherwise; that no portion of said land is worked for minerals 
during any part of the year, by any person or persons ; that said land is 
essentially non-mineral land. 

Affiant further says that he is acquainted with most of the land in that 
portion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declarations of Joseph Clark and Shubael M. Folger, and there are no 
settlers on said land and no part thereof has been cultivated, and the 
same is not subject to overflow or protected from overflow by levees or 
in any artificial manner ; that he has been farming in Kern County for 
five years, and knows the character of the lands delineated on the map 
hereto appended, marked with his name, and all of said lands without the 
boundaries of said land laid down as swamp and overflowed are desert 
lands ; they will produce no kind of an agricultural crop without irrigation, 
and cannot be made into farms without reclamation by irrigation ; in their 
wild state they are of but little value, producing only alfilerilla and wild 
clover following the winter rains, which soon dry up leaving said land 
a dry, dusty, arid plain for about eight months of each year. 

Affiant further says that he has no interest in any land claimed under 
the Desert Land Act. Charles J. Proft. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Philip Randall. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Philip Randall, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California; that he is by occupation a farmer and 
stock raiser ; that he knows the land, and each legal subdivision thereof 
described in the declarations of W. S. Keyes and John A. Read, which 
land is situate, lying and being in the County of Kern, State of Califor¬ 
nia, and more particularly described as follows, to-wit: 




DESERT LANDS. 


285 


The North %. of Section 30, Township 27 South, of Range 26 East, 
and the South X of Section 30, township 27 South, of Range 26 East, 
Mount Diablo Base and Meridian ; that he has been upon said land, 
and is acquainted therewith ; and that his knowledge of said land is 
such as to enable him to testify understandingly with regard there¬ 
to ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop ; 
and is, in fact, worthless for all agricultural purposes, and cannot be made 
of any agricultural value without irrigation; that said land is not timber 
land, but has some cottonwood trees on it, of no commercial value, 
and that there is not, to his knowledge, within the limits of said 
land, any vein or lode of quartz or other rock in place bearing gold, sil¬ 
ver, cinnabar, lead, tin or copper, or any deposit of coal; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners 
or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons : that said land is essen- 
tiallv non-mineral land 

Affiant further says that he is acquainied with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has resided in 'said countv for about three 
years last past; that he has examined the annexed map marked “ Ex¬ 
hibit A,” and believes the same to be correct; that the lands embraced 
thereon are what are termed desert lands, and outside of the swamp lands 
thereon, the lands are dry and arid a great portion of the year, and will 
not produce an agricultural crop without irrigation ; that said lands are 
not subject to overflow, and do not require protection therefrom by means 
of levees or other artificial structures. 

That affiant has no interest in any claim made under the so-called Des¬ 
ert Land Act. Philip Randall. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


286 


DESERT LANDS. 


Affidavit of George Racine. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

George Racine, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a stock raiser ; 
that he knows the land, and each legal subdivision thereof, described in 
the declarations of R. W. James, Geo. A. Hildreth, and M. M. Meherin, 
which land is situate, lying and being in the County of Kern, State of 
California, and more particularly described as follows, to wit : 

The Northeast X °f Section 20, the Northeast X of Section 32, and 
the Northeast X °f Section 34, all in Township 26 South, of Range 24 East, 
Mount Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith ; and that his knowledge of said land is such as to 
enable him to testify understanding^ with regard thereto ; that said land 
is very dry and arid ; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop ; that it is desert land, and will not 
produce without irrigation any agricultural crop, and is, in fact, worthless 
for all agricultural purposes, and cannot be made of any agricultural value 
without irrigation ; that said land is not timber land, and that there is not 
to his knowledge, within the limits of said land, any vein or lode of quartz 
or other rock in place bearing gold, silver, cinnabar, lead, tm or copper, 
or any deposit of coal ; that there is not within the limits of said land to 
his knowledge any placer, cement, gravel or other valuable ^mineral de¬ 
posit ; that no portion of said land is claimed for mining purposes under 
the local customs or rules of miners or otherwise ; that no portion of said 
land is worked for minerals during any part of the year by any person or 
persons ; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of .San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the said decla¬ 
rations of R. W. James, Geo. A. Hildreth and M. M. Meherin, and there 
are no settlers on said land, and no part thereof has been cultivated, and 
the same is not subject to overflow or protected from overflow by levees, 
or in any artificial manner. He has known the lands delineated on the 
map appended hereto marked with his name, west of west branch of Kern 



DESERT LANDS. 


287 


River for about twelve years, and the same is of a uniform general charac¬ 
ter—dry, dusty, arid plains for eight or ten months of every year. That, 
by reason of the scant rainfall of winter, and long, dry summers, said land 
is valueless for agricultural purposes without irrigation, and is totally unfit 
for farming purposes unless reclaimed from its desert character by a sys¬ 
tem of artificial irrigation that will necessarily incur a large expenditure 
of money. He has no interest in any lands claimed under"' the Desert 
Land Act. George Racine. 

Sworn to before F W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Jesse Rogers. 



STATE OF CALIFORNIA, 


County of Kern. 


Jesse Rogers, being of lawful age and first duly sworn, deposes and says 
that he is a citizen of the United States, and a resident of the County of 
Kern and State of California; that he is by occupation a farmer; that he 
knows the land, and each legal subdivision thereof, described in the decla¬ 
ration of Peter Connolly, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to wit : 

The Southeast the South '/* of the Northeast and the South 

J 4 of the Southwest % of Section 22, Township 28 South of Range 
25 East, Mount Diablo Base and Meridian ; that he has been upon 
said land, and is acquainted therewith and that his knowledge of 
said land is such as to enable him to testify understandingly with regard 
thereto ; that said land is very dry and arid ; that there is not sufficient 
rainfall upon it at any season of the year to produce a crop ; that it is 
desert land, and will not produce without irrigation any agricultural crop, 
and is, in fact, worthless for all agricultural purposes, and cannot be 
made of any agricultural value without irrigation ; that said land is not 
timber land, and that there is not to his knowledge, within the limits of 
said land, any vein or lode of quartz or other rock in place bearing gold, 
silver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is 
not within the limits of said land, to his knowledge, any placer, cement, 
gravel or other valuable mineral deposit ; that no portion of said land is 
claimed for mining purposes under the local customs or rules of miners, 




288 


DESERT LANDS. 


or otherwise ; that no portion of said land is worked for minerals during 
any part of the year, by any person or persons ; that said land is essen¬ 
tially non-minefal land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he knows the land covered by the aforesaid 
declaration of Peter Connolley, and the exterior bounds thereof; that 
there are no settlers thereon, and no part thereof has been cultivated, and 
the same is not subject to overflow, nor is the same protected from over¬ 
flow by levees or in any artificial manner ; that he has examined the map 
appended hereto, marked with his name, and the same is correct ; that 
he knows the land delineated on said map, and particularly that lying 
north and west of the west branch of Kern River, and the same will pro¬ 
duce no kind of an agricultural crop without irrigation ; that the same 
is desert lands; a dry, dusty plain for eight or ten months of every year; 
that he knows said land is valueless for agricultural purposes unless re¬ 
claimed by irrigation, and unless irrigation is continued from seeding till 
maturity of crop. 

That he has no interest in any lands claimed under the Desert Land 
Act. Jesse Rogers. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page i. 


Affidavit of John P. Robertson. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

J. P. Robertson, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declaration of J. B. Haggin, which land is situate, lying and being in the 
County of Kern, State of California, and more particularly described as 
follows, to wit : 




DESERT LANDS. 


289 


The South X of the Southwest X> and the South % of the South¬ 
east X of Section 10, Township 27 South, of Range 24 East Mount 
Diablo Base and Meridian; that he has been upon said land, and 
is acquainted therewith; and that his knowledge of said land is 
such as. to enable him to testify understandingly with regard there¬ 
to ; that said land is very dry and arid; that there is not suffi¬ 
cient rainfall upon it at any season of the year to produce a crop; 
that it is desert land, and will not produce without irrigation 
any agricultural crop, and is, in fact, worthless for all agricultural 
purposes, and cannot be made of any agricultural value without 
irrigation; that said land is not timber land, and that there is not to his 
knowledge within the limits of said land, any vein or lode of quartz or 
other rock in place bearing gold, silver cinnabar, lead, tin or copper, or 
any deposit of coal; that there is not within the limits of said land to his 
knowledge any placer, cement, gravel or other valuable mineral desposit; 
that no portion of said land is claimed for mining purposes under the 
local customs or rules of miners or otherwise; that no portion of said 
land is worked for minerals during any part of the year, by any person or 
persons; that said land is essentially non-mineral land. 

Affiant further says that he is acquainted with a portion of the land in 
that portion of San Joaquin or Tulare Valley within the limits of Kern 
County; that none of said land, that he has seen, except the swamp land, 
will in an ordinary season produce an agricultural crop without irrigation ; 
that most of the land designated as swamp land in that section of country, 
after reclamation, requires irrigation to produce a crop. 

Affiant further says that said land has some cottonwood and willow 
trees on it, but that there is no timber of any commercial value; that it 
does not require levees to protect it from overflow. 

Affiant further states that he has resided in Kern County since the 1st 
of December, 1874, that he soon after that date settled on the North¬ 
east X °f Section 24, Township 29 South, of Range 24 East; paid up the 
same, and took up the Southeast X °f same section, township and range 
as a homestead. 

Affiant further states that since the date aforesaid he has expended 
more than $2,000 in attempts to produce agricultural crops on said land, 
hoping and expecting to procure water to irrigate his said land ; but fail¬ 
ing to do so, the whole sum expended in farming operations has been a 
total loss. He further states that his said land lies on both sides of Goose 
Lake Slough, and is equal in quality to any of the surrounding lands ; that 
in 1876 he procured a partial supply of water, and irrigated a portion of 
his land before plowing ; but the water failing before his crops were suffi- 

9 


290 


DESERT LANDS. 


ciently grown to be irrigated, the crop was an entire failure, yielding him 
only a crop of bare stalks. 

Affiant further states that he has no interest of any kind, direct or indi¬ 
rect, in any application for the location of desert lands. 

John P. Robertson. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Fred Steinman. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

Fred Steinman, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer ; that 
he knows the land, and each legal subdivision thereof, described in the 
declarations of Charles F Balcom and Frank B. Sharp, which land is 
situate, lying and being in the County of Kern, State of California, and 
more particularly described as follows, to wit : 

The North X and South %. of Section 6, Township 28 South, of Range 
26 East, Mount Diablo Base and Meridian ; that he has been upon said 
land, and is acquainted therewith, and that his knowledge of said land is 
such as to enable him to testify understandingly with regard thereto; 
that said land is very dry and arid ; that there is not sufficient rainfall 
upon it at any season of the year to produce a crop ; that it is desert land, 
and will not produce without irrigation any agricultural crop, and is, in 
fact, worthless for all agricultural purposes, and cannot be made of any 
agricultural value without irrigation ; that said land is not timber land, 
and that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal ; that there is not within 
the limits of said land to his knowledge any placer, cement, gravel, or 
other valuable mineral deposit; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons ; that said land is essentially non¬ 
mineral land. 

Affiant further says that he is acquainted with all the land in that por- 





DESERT LANDS. 


291 

tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further states that he knows the land covered by the aforesaid 
declarations of Charles F. Balcom and Frank B. Sharp, and the exterior 
bounds thereof; that there are no settlers thereon, and no part thereof 
has been cultivated; said land is not subject to overflow or is the same 
protected from overflow by levees or ditches, or in any artificial manner; 
that he has known said land for four years, and during that time it has re¬ 
mained a dry, dusty plain, producing nothing of value, and worthless for 
farming purposes unless reclaimed by irrigation. Fred. Steinman. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


Affidavit of Charles Thiesen. 


STATE OF CALIFORNIA' ) 

> ss. 

County of Kern. ) 

Charles Thiesen, being of lawful age and first duly sworn, deposes and 
says that he is a citizen of the United States, and a resident of the County 
of Kern and State of California ; that he is by occupation a farmer and 
stock raiser; that he knows the land, and each legal subdivision thereof, 
described in the declarations of Chas. M. Levy and L. A. Levy, which 
land is situate, lying and being in the County of Kern, State of California, 
and more particularly described as follows, to-wit: 

The North % and Southeast X of Section 22, the North X of the 
Southeast X ari d the Southeast X °f the Southeast X of Section 24, 
Township 26 South, of Range 24 East, Mount Diablo Base and Meridian; 
that he has been upon said land, and is acquainted therewith ; and 
that his knowledge of said land is such as to enable him to tes¬ 
tify understanding^ with regard thereto; that said land is very dry 
and arid; that there is not sufficient rainfall upon it at any 
season of the year to produce a crop; that it is desert land, and 
will not produce without irrigation any agricultural crop, and is in fact 
worthless for all agricultural purposes, and cannot be made of any agri 




292 


DESERT LANDS. 


cultural value without irrigation ; that said land is not timber land, and 
that there is not to his knowledge, within the limits of said land, any 
vein or lode of quartz or other rock in place bearing gold, silver, cinna¬ 
bar, lead, tin or copper, or any deposit of coal; that there is not within 
the limits of said land, to his knowledge, any placer, cement, gravel or 
other valuable mineral deposit ; that no portion of said land is claimed 
for mining purposes under the local customs or rules of miners, or other¬ 
wise ; that no portion of said land is worked for minerals during any part 
of the year, by any person or persons; that said land is essentially non- 
mineral land. 

Affiant further says that he is acquainted with all the land in that por¬ 
tion of San Joaquin or Tulare Valley within the limits of Kern County ; 
that none of said land, except the swamp land, will in an ordinary season 
produce an agricultural crop without irrigation ; that most of the land, 
designated as swamp land in that section of country, after reclamation, 
requires irrigation to produce a crop. 

Affiant further says that he has been a resident of said county for about 
four years last past ; that he has examined the map hereto annexed, 
marked “Exhibit A,” by him subscribed ; that the lands designated 
thereon and lying between Kern River and the Sixth Standard Line, out¬ 
side of the swamp lands, are dry, arid plains for about ten months of the 
year ; that the natural growth upon said lands consists of worthless sage 
brush, and some wild grasses that flourish for a short time after the win¬ 
ter rainfall. 

That the only way said lands can be rendered valuable is by a proper 
system of irrigation which requires a vast amount of aggregate capital 
and labor. 

That the said lands embraced in said applications have not been settled 
upon or cultivated within the knowledge of affiant; that they are not sub¬ 
ject to overflow and do not require protection therefrom by artificial 
levees or other structures. Charles Thiesen. 

Sworn to before F. W. Craig, County Clerk of Kern County, as in affi¬ 
davit on page 1. 


DESERT LANDS. 


293 


Resolutions of the Board of Supervisors of Kern County. 

At a regular meeting of the Board of Supervisors of Kern County, 
State of California, the following resolutions were unanimously adopted: 

Whereas, differences of opinion exist with reference to the merits of 
an Act of Congress entitled “An Act to provide for the sale of Desert 
Land in certain States and Territories,” approved March 3, 1877 ; and 
Whereas, in our opinion many unjust criticisms have been uttered 
against this said act, and believing it is our privilege to give expression to 
our estimate of the purpose to be attained thereby, we, the Board of Su¬ 
pervisors of the County of Kern, State of California, do resolve: 

1. That we regard the object of said act as wise and beneficial, and 
calculated to add greatly to the wealth, population and prosperity of our 
county. 

2. That large tracts of land surveyed twenty years ago by the govern¬ 
ment officers of the United States are now lying vacant, unfit for cultiva¬ 
tion or habitation, and are not likely to be entered under the Pre-emption 
or Homestead Laws, but, under the provisions of the said Desert Land 
Act, may be reclaimed and brought under cultivation, and thereby furnish 
homes for thousands of people and add greatly to the taxable property of 
the county. 

3. That a copy of these resolutions be furnished to the Honorable 
Secretary of the Interior, to the Honorable Commissioner of the General 
Land Office, and to the Honorable Senators and Representatives in Con¬ 
gress. 

Filed November 8th, 1877. 

F. W. Craig, Clerk. ' 

Approved and ordered that the above resolutions be spread upon the 
minutes of the Board. Wm. Lightner, 

F Endorsed: Chairman of the Board. 


STATE OF CALIFORNIA, 


ss. 


County of Kern. 

I, F. W. Craig, County Clerk of Kern County, and ex-officio Clerk of 
the Board of Supervisors of Kern County, hereby certify the above and 
foregoing to be a correct copy of the original resolutions approved and 
ordered spread up$n the minutes of said Board, this 8th day of Novem¬ 
ber, A. D. 1877. 

In witness whereof, I have hereunto set my hand and affixed 
| SEAL I the Seal of said County Court, this 8th day of November} 

( > i877 . F. W. Craig, 

County Clerk and ex-officio Clerk of the Board of Supervisors of Kern 
County, Cal. 




294 


DESERT LANDS 


The following list shows the names of various of the foregoing affiants 
with the amount of assessment against, and the amount of taxes paid by 
each respectively, as certified by the sheriff of said county: 


NAMES. 


Samuel B. Inman. . , 

G. W. Parish. 

S. C. Wear. 

S. Goodman. 

J. T. Taylor. 

P. J. Waldon. 

John Barker. 

T. R. Fillebrown.. . . 

J. D, Stockton. 

D. G. McLean. 

F. D. Nelson. 

Alonzo Coons. 

James C. Pemberton 
August S. Hoffman.. 

A. C. Maude. 

Walter James. 

John S Robb. 

William Goode. 

J. W. Rice. 

Jasper Myers. 

H. A. Jastro. 

A. T. Lightner. 

Philo D. Jewett. 

B. K. Said. 

M. P. Wells. 

R. A. Smith. 

A. O. Collins. 

W. Canfield. 

J. S. Ellis. 

C. J. Proft. 

J. P. Atterbery. 

O. L. Whitcomb. . .. 

E. Lafontain. 

Jesse Rogers. 

F. Steinman........ 

R. J. Ashe. 

George D. Buffum.., 

Victor Amy. 

J. R. Anderson. 

B. Ardizzi. 

P. A. Stine. 

C. Christiansen. 


Amount of 

Assessment. 

Amount of 

Taxes Paid. 

$683 

00 

$14 

96 

991 

00 

21 

70 

1585 

00 

34 

72 

410 

00 

8 

98 

320 

00 

7 

01 

1539 

00 

33 

70 

815 

00 

1 7 

85 

1970 

00 

43 

14 

2880 

00 

63 

08 

352 

00 

7 

7 1 

6l I 

00 

r 3 

38 

5929 

00 

129 

85 

710 

00 

i 5 

55 

2105 

00 

46 

10 

80 

00 

1 

75 

178 

00 

3 

90 

886 

00 

19 

40 

1040 

5 ° 

22 

79 

3507 

00 

76 

81 

4985 

00 

109 

17 

2095 

00 

45 

88 

722 

00 

15 

82 

28,210 

00 

617 

80 

6308 

00 

138 

15 

1696 

00 

37 

14 

410 

00 

9 

83 

2629 

00 

57 

57 

15,125 

00 

33 i 

23 

3896 

00 

85 

32 

1745 

00 

38 

22 

240 

00 

5 

26 

860 

00 

18 

83 

1725 

00 

37 

78 

621 

00 

14 

96 

179 

00 

4 

3 i 

1264 

00 

2 7 

68 

2840 

00 

62 

20 

6423 

00 

140 

62 

396 

00 

8 

67 

6423 

00 

140 

62 

8448 

00 

185 

00 

I 59 I 

75 

34 

86 





























































DESERT LANDS. 


NAMES. 


Paul Costi. 

E. Mills. 

Calvin Dunlap. 

S. Farman. 

A. E. Rose. 

F. A. Tracy. 

J. W. Hepburn. 

J. P. Dixon. 

R. Meacham. 

J. C. Crocker. 

W. W. Hudson. 

Stephen Dysert. 

Nelson Carey. 

J. T. Anderson. 

P. O’Hare. 

J. E. Smith. 

R. W. Withington. . . 
H. W. Woodward . . . 

J. P. Ownby. 

Andrew Lennox. 

N. R. Wilkinson.... 

J. S. Brittain. 

John Howlett. 

Thomas A. Chapman 
A. M. Donaldson. ... 

Jacob Weil. 

Charles H. Emery.. . 
P. H. Coyle. 

L. Hirshfeld. 

S. W. Wible. 

James F. McCumber 
John Funk. 

T. W. Barnes. 

H. Hirshfield. 

J. J. Darnel. 

Gustave Sawyer. 

James Campbell 

Jerry Pensinger. 

W. P. McCord. 

H. C. Park. 

James M. Lundy 

H. Noble. 

Phillip Randall. 

S. M. Meeker. 

M. McQuirk. 

Alphonso Weill. 


295 


Amount of 

Assessment. 

Amount of 

Taxes paid. 

$1155 

00 

$25 

29 

86 l 

00 

18 

86 

1512 

00 

33 

11 

915 

00 

20 

04 

2681 

00 

58 

7 1 

15,125 

00 

33 i 

25 

808 

00 

17 

7 1 

1736 

00 

38 

02 

818 

00 

17 

92 

61,778 

33 

1352 

95 

995 

00 

21 

79 

1124 

00 

24 

61 

210 

00 

4 

60 

12,780 

00 

545 

70 

3364 

00 

73 

6 7 

405 

00 

8 

87 

3766 

5 o 

82 

49 

6436 

25 

140 

95 

394 

00 

8 

6 3 

3010 

00 

65 

92 

5 ° 

00 

1 

21 

1381 

00 

30 

24 

12,845 

00 

281 

30 

80 

00 

1 

75 

847 

00 

18 

55 

12,153 

00 

266 

15 

1230 

00 

29 

94 

3°5 

00 

6 

68 

20,470 

00 

448 

29 

3°79 

00 

6 7 

43 

250 

00 

5 

48 

59,487 

12 

1302 

77 

250 

00 

5 

48 

345 

00 

7 

56 

1122 

00 

24 

57 

5258 

00 

1 15 

i 5 

973 i 

00 

213 

11 

860 

00 

18 

83 

1685 

00 

36 

90 

800 

00 

1 7 

52 

1863 

00 

40 

81 

2457 

00 

53 

68 

1587 

00 

34 

76 

2161 

00 

47 

33 

2876 

00 

62 

98 

160 

00 

3 

1 

5 o 





































































296 


DESERT LANDS. 


NAMES. 


Wm, H. Scribner 

John Beard. 

L. D. Bizzell 

R. L. Dixon. 

W. R. Bower.... 
T. E. Harding .. . 
Fordyce Roper .. 
Daniel Norton .. 
H. L. Lambert .. 
Alex. Forsyth ... 
W. H. Coons.. .. 
J. F. Linthicum . 
J. Niederauer.... 

L. L. Mann. 

D. A. Sinclair.. . 

A. G. Smith. 

F. Steinman .... 
Calvin Dunlap . . 
Allen E. Rose ... 
Seth M. Farman 


STATE OF CALIFORNIA, 

County of Kern. 


•- 

ss. 


Amount of 

Assessment. 

Amount of 

Taxes Paid. 

$5196 

00 

$H 3 

98 

915 

00 

20 

04 

l6l I 

00 

35 

28 

3440 

00 

75 

34 

1858 

94 

40 

7 1 

1348 

00 

29 

52 

3207 

00 

70 

23 

1160 

00 

25 

40 

5670 

00 

124 

17 

4443 

00 

97 

30 

325 

00 

7 

12 

1815 

00 

39 

75 

3678 

00 

80 

55 

1191 

00 

26 

08 

2400 

00 

52 

56 

80 

00 

1 

75 

179 

00 

3 

92 

1512 

00 

33 

11 

3681 

00 

58 

7 i 

9 U 

00 

20 

04 


I, M. P. Wells, Sheriff and ex-officio Tax Collector of Kern County, 
hereby certify that the Assessment Roll of said County is now in my pos¬ 
session for the collection of State and County taxes for the year 1877-8. 
That the sums set opposite the names aforesaid represent the amount of 
their assessments and the amount of their respective tax as fixed by the 
Assessor and Board of Equalization of said county. 

M. P. Wells, Sheriff Kern County. 

By A. T. Lightner, Under Sheriff. 


STATE OF CALIFORNIA, ) 

> SS. 

County of Kern. ) 

I, F. W. Craig, County Clerk of the County of Kern, State of Cali¬ 
fornia, and Clerk of the County Court of said County, which is a Court of 
Record, do hereby certify that M. P. Wells, whose name is subscribed to 
the annexed certificate by A. T. Lightner, was at the date of the same 





































DESERT LANDS. 


297 


and is now the Sheriff in and for said Kern County, duly elected and 
qualified, and authorized by law to collect taxes; and I further certify that 
A. T. Lightner is under sheriff, and full faith and credit are due to all his 
official acts as such; and I do further certify that the signature attached 
to the annexed certificate is genuine. 

In witness whereof I have hereunto set my hand and affixed 
the seal of said County Court, at my office in the said 
County of Kern, this 1st day of November, A. D. 1877. 

F. W. Craig, 

County Clerk and Clerk of the County Court of Kern County. 


SEAL 


Certificate of County Assessor. 


Office of County Assessor of Kern County, Cal., ) 

Bakersfield, Cal., Nov. 8th, 1877. i 

I, R. R. Donnell, Assessor of said County, do hereby certify that there 
have been assessed and placed on the Assessment Roll of said county for 
the year 1877-8, 78,531 acres of desert land, valued at $39,265.50, which 
have not been previously assessed or placed on the Assessment Roll of 
said county. 

Witness my hand this 8th day of November, 1877. 

* R. R. Donnell, 

Assessor of Kern County. 


STATE OF CALIFORNIA, ) 

> ss. 

County of Kern. ) 

I, F. W. Craig, County Clerk of and ex-officio Clerk of the County 
Court of Kern County, hereby certify the foregoing to be a correct copy 
of the original certificate of R. R. Donnell, Assessor of said County, now 
on file in my office. 

Witness my hand and seal of said County Court, this 8th day 
| seal | of November, 1877. F. W. Craig, 

^ ^ ' County Clerk of Kern County. 




298 


DESERT LANDS. 


CERTIFICATE OF THE DISTRICT JUDGE 

And County Officers as to the Character, Standing and Credibility of 

the Various Affiants. 


We, Theron Reed, District Judge of the Sixteenth Judicial District, in 
and for the State of California, Kern County, in said State, being within 
said District; F. W. Craig, County Clerk in and for said County ; M. P. 
Wells, Sheriff of said County, and ex-officio Tax Collector ; R. R. Don¬ 
nell, Assessor of said County ; P. T. Colby, County Judge of said County ; 
J. C. Pemberton, Treasurer of said County; Thomas Harding, Supervis¬ 
or of said County; William Lightner, Supervisor of said County; and 
John Brite, Supervisor of said County, said three Supervisors comprising 
the Board of Supervisors of said County, do hereby certify that we know 
the following named persons, residents of said county, whose affidavits 
have been taken relative to certain desert lands in said county, to-wit: 


J. T. Anderson, farmer. 

J. M. Atterbury, farmer. 

Thos. W. Barnes. 

Charles Bennett. 

H. W. Bloodworth, Constable. 

William R. Bower. 

J. S. Brittain, journalist. 

W. H. Booth, farmer and printer. 

William Calderbank. 

Thos. A. Chapman, farm'r & can’l build’r. 
Richard J. Ashe, farmer. 

John Barker, stock grower. 

John Beard, farmer. 

L. D. Bizzell, farmer. 

Oliver Booth, stageman. 

J. L. Briggs, farmer and stock raiser. 

W. H. Broad, farmer; 

B. Brundage, attorney at law. 

James Campbell. 

T. H. Clendenen, farmer. 

A. O. Collins. 

W. H. Coons, farmer. 

P. H. Coyle, farmer. 

J. J. Darnel, farmer. 

A. M. Donaldson, farmer. 

Chas. H. Emery, farmer. 

A. Forsyth, farmer. 

L. F. Fries, farmer. 

S. J. Garrison, editor. 

S. W. Gildersleeve. 

S. Goodman, merchant. 

H. Hershfeld, merchant. 

E. F. Hodgdon. 

A. S. Hoffman, iceman and liquor dealer. 
S. H. Hunt, book-keeper. 

C. G. Jackson, civil engineer. 

Walter James, surveyor and engineer. 
Thos. B. Jeffrey, stock raiser. 

J. C. McIntosh, farmer. 

Geo. D. Buffum, stock raiser. 


Thos. J. Keys, farmer. 

H. L. Lambert farmer and stock raiser, 
A. T. Lightner, Deputy Sheriff. 

F. B. McClung, farmer. 

Jas. F. McCumber, farmer. 

Wm. McFarland, Deputy Sheriff, 

W. R. Macmurdo, surveyor. 

Alonzo Coons, merchant. 

John S. Cox, farmer. 

J. S. Crocker, farmer and stock raiser. 

R. L. Dixon, ranch superintendent. 

Frank Drake, Detective and Constable. 

T. R. Fillebrown, civil eng. and surveyor. 
Joseph Fontain, Deputy Sheriff. 

John Funk, cattle grower. 

Wm. Goode. 

Hiram Hill, farmer. 

L. Hirsfeld, merchant. 

L. R. Hodgkins, well-borer. 

John Howlett, stock raiser. 

S. B. Inman, farmer. 

W. F. Jackson, liquor dealer. 

H. A. Jastro, farmer. 

Philo D. Jewett, farmer. 

M. F. Taylor, ranch superintendent. 
Andrew Lennox, sheep raiser. 

J. F. Linthicum, editor, etc. 

Wm. P. McCord, farmer. 

John McFarlane, well-borer. 

D. G. McLean, farmer. 

W. C. Marley, merchant. 

W. Canfield, farmer. 

W, H. Johnson. 

J. P. Atterbery, farmer. 

O. L. Whitcomb, surveyor. 

Jesse Rogers, farmer. 

F. Steinman, farmer. 

W. B. Phillips, farmer. 

D. D. Collom, farmer. 

L. L. Mann, farmer. 




DESERT LANDS. 


299 


P. B. Oneil, farmer. 

Victor Amy, merchant. 

Geo. Racine, stock raiser. 

P. A. Stine, farmer. 

C, Christiansen, contractor. 

- Calvin Dunlap, farmer. 

A. E. Rose, stock raiser. 

F. A. Tracy, stock raiser. 

J. W. Hepburn, farmer. 

J. P. Dixon, farmer. 

J. C. Crocker, stock raiser. 

W. W. Hudson, stock raiser. 
Henry Proft, farmer. 

Nelson Carey, farmer. 

Wm. Glendining, stock raiser. 
Philip Randall, farmer. 

M. McQuirk, farmer. 

J. S. Ellis, farmer. 

Chas. J. Proft, farmer. 

C. T. Coyle, farmer. 

E. La Fontain, stock raiser. 

H. S. Bachman, physician. 

R. J. Ashe, farmer. 

C. H. Mayo. 

Chas. Thuson, farmer. 

S. C. Westfall, farmer. 

Francis Wanen, farmer. 

J. R. Anderson, farmer. 

B. Ardizzi, merchant. 

Seth H, Hickox. 

Paul Costi, farmer. 

S. Farman, farmer. 

G. B. Gunn. 

J. O. Miller. 

W. W. Staff. 

R. Meacham. 

S. M. Judd, farmer. 

Stephen Dysert, farmer. 

J. M. Lundy, farmer. 

H. Noble, farmer. 

F. W. Martin, farmer. 

S. M. Meeker, farmer. 

E. F. Hodgdon, farmer. 

D. S. McFerrin, farmer. 


Wm. Meegan, stock raiser. 

E. Mills, commission merchant. 

J. Niederauer, farmer and mechanic. 
Peter O'Hare. 

G. W. Parish, farmer. 

J. H. Patten, farmer. 

T. C. Philbrick, teamster. 

H. Prindle, lawyer, etc. 

John S. Robb. 

B. K. Said, farmer. 

Wm. H. Scribner, merchant. 

A. G. Smith, farmer. 

Joseph E. Smith, blacksmith. 

J. D. Stockton, farmer. 

B. R. Taylor, civil engineer. 

Geo. Teasdale, restaurant keeper. 
Lewis Vidal, farmer. 

Wm. H, Warner, farmer. 

Alphonso Weill, merchant. 

S. W. Wible, engineer and farmer. 

R. W. Withington, liquor merchant. 
J. E. Peters, farmer. 

A. C. Maude, real estate agent. 
Jasper Myers. 

F. D. Nelson. 

Daniel Norton, farmer. 

J. P. Ownby, hotel keeper. 

H. C. Park, lumber merchant, 

Jerry Pensinger. 

Wm. E. Phillips, farmer. 

J. W. Rice, Deputy County Assessor. 
Fordyce Roper, miller. 

Gustave Sawyer, butcher, etc. 

D. A. Sinclair, miner. 

A. P. Smith, miller. 

R. A. Smith, farmer. 

F. A. Stoutenburgh, attorney at law. 
j. T. Taylor, farmer. 

Geo. F. Thornton, farmer. 

P. J. Waldon, farmer. 

S. C. Wear, farmer. 

J. A. Weil, merchant. 

N. R. Wilkinson, collector. 

H. W. Woodward, stock raiser. 


That said parties are men of the highest respectability, and to whose 
affidavits full faith and credit should be given. 


Signed- - • 

Theron Reed, District Judge, 16th Judicial District, State of Cali¬ 
fornia, County of Kern. 

F. W. Craig, County Clerk, Kern County, Cal. 

P. T. Colby, County Judge, Kern County, Cal. 

J. W. Freeman, District Attorney, Kern County, Cal. 

M. P. Wells, Sheriff and ex-officio Tax Collector, Kern County, Cal. 
James C. Pemberton, Treasurer, Kern County, Cal. 

R. R. Donnell, Assessor, Kern County, Cal. 

Wm. Lightner, Supervisor 1st District, Kern County, Cal. 

T. E. Harding, Supervisor 2d District, Kern County, Cal. 

John M. Brite, Supervisor 3d District, Kern County, Cal. 



300 


DESERT LANDS. 


Report of Colonels Alexander and Mendell, and Professor Davidson 
Upon the Desert Lands of Kern County. 


San Francisco, Cal., November 6th, 1877. 

Lieutenant-Colo?iel B. S. Alexander, Major George H. Mendell, Professor 

George Davidson. 

Gentlemen: —In view of the report made by you to Congress some 
years since on the irrigation of the San Joaquin, Tulare and Sacramento 
Valleys, and in consequence of the desert character of the southern end 
of the Tulare Valley in Kern County, caused by the failure of annual 
rains, numerous and extensive tracts of these lands have been purchased 
from the United States Government under the law known as the Desert 
Land Law. Large sums of money have been expended in the construc¬ 
tion of canals for the irrigation of these tracts. Pending the progress of 
this work of irrigation, attempts are being made through the public press, 
and otherwise, to show that these lands are not desert in character, and 
are capable of producing crops of grass and grain without irrigation, and 
that therefore the entries that have been made of these lands under the 
Desert Land Law are fraudulent and adverse to the public interest. 

I beg respectfully to request that you will again visit these lands, make 
a critical examination of them, obtain further statistics as to rainfall, and 
report whether, in the light to be derived from this subsequent examina¬ 
tion, you find any reason to change the view's expressed by you in your 
report to Congress of February 20th, 1874. 

I would also request of you to report at the same time, whether, in your 
opinion, these lands are or are not of that character, that by reason of 
lack of rain, are made desert and incapable of successful cultivation 
unless irrigated artificially. 

It is proper that I should state to you, as gentlemen of well-known 
scientific attainments, that I desire to use the facts and conclusions to be 
reported by you in the contest now making to cancel the entries that have 
been made of this land, and, by such cancellation, causing a loss of the 
vast sums that have been expended in the construction of irrigation 
works. Yours very respectfully, 

J. B. Haggin. 


San Francisco, Cal., November 16th, 1877. 
f. B. Haggm, Esq., San Francisco, Cal. 

Sir: —We have received your letter of the 6th inst., in which you re¬ 
quest us to visit certain lands in Kern County, in this State, “Make a 




DESERT LANDS. 


301 


critical examination of them; obtain further statistics as to rainfall, and 
report whether, in the light to be obtained from this subsequent exami¬ 
nation, you find any reason to change the views expressed by you in your 
report to Congress of February 20, 1874.” 

You also ask us, a To report at the same time, whether, in your opinion, 
these lands are or are not of that character, that by reason of lack of 
rain, are made desert and incapable of successful cultivation unless irri¬ 
gated artificially.” 

In compliance with this request, the undersigned visited a portion of 
Kern County, as hereinafter specified, and spent four days in driving over 
these lands ; in investigating the character of the soil and the circum¬ 
stances which affect the cultivation of agricultural crops in this region. 

The territorial extent of our examinations is shown by the accom¬ 
panying table of Townships; parts of each of which we visited and trav¬ 
eled over. 

We were thus enabled to form clear opinions of the character of all 
these lands: 

Township 27 S.,of Ranges 24, 25,26, 27 and 28 East ; Township 28 S. 
of Ranges 24, 25, 26, 27 and 28 East ; Township 29 S., of Ranges 24, 25, 
26, 27 and 28 East ; Township 30 S., of Ranges 24, 25, 26, 27 and 28 
East; Township 31 S., of Ranges 24, 25, 26 and 27 East. 

A short distance above the village of Bakersfield, the Kern River 
emerges from the foot-hills and enters upon a sandy plain, which may 
properly be called its delta. 

While in the foot-hills the river runs in a single and unchanging chan¬ 
nel, at the head of its delta, where it is no longer held on either side 
by unyielding banks, it separates into several channels or sloughs. Still 
lower on these branches, a further subdivision of these channels into 
minor sloughs takes place. So that a large district, lying south and 
southwest of Bakersfield is intersected by many natural channels, which 
in high stages of the river are filled with water. 

This plain or delta is low and sandy. This district is known as “Kern 
Island,” and it embraces the whole or large parts of Township 30 S., 
of Ranges 25, 26, 27 and 28 East ; Township 31 South, of Ranges 25, 
26, 27 and 28 East; and small portions of Township 29 S., Ranges 25, 
26, 27 and 28 East. 

The remaining townships which we visited, as well as parts of those 
last mentioned, are not intersected by sloughs ; they are higher and can 
not be regarded as delta lands. 

This description naturally divides these lands into a classification of 
two heads, namely, delta and uplands. 

A further analysis might result in other classifications relating to the 


302 


DESERT LANDS. 


character and elements of the soil ; the presence or absence of alkali; 
the existence or absence of a clay layer within a few feet of the surface; 
all of which are important in their way, but for the purposes of the pres¬ 
ent investigation it is not deemed necessary to pursue inquiry further in 
this direction. 

The purpose which we had in view was to come to a conclusion, in our 
own minds, whether these lands are desert lands in the sense in which 
the qualifying word is used in the 2nd Section of the Act of Congress 
providing for the sale of desert lands in certain States and Territories, 
approved March 3, 1877, which says, “that all lands, exclusive of timber 
lands and mineral lands, which will not, without irrigation, produce some 
agricultural crop, shall be deemed desert lands within the meaning of 
this Act.” 

The undersigned, while acting as Commissioners of Irrigation under 
the Act of Congress, approved March 3, 1873, visited this region in 
the month of May, 1873. 

We passed from Tipton to Bakersfield, a distance of about 50 miles, 
by stage, and passing to the south of Bakersfield, we visited Kern Lake, 
and extended our examination to the San Emedio canyon. 

Between Tipton and Bakersfield we passed no houses except the stage 
stations, three or four in number, nor were there any evidences of culti¬ 
vation within the radius of our vision throughout this journey from Tip- 
ton to San Emedio, except in a limited district in the vicinity of 
Bakersfield, where irrigation was praticed. 

The country was covered whh a scanty crop of wild grass suitable for 
pasturage. 

In order to illustrate our opinion at this time, we think it proper to 
make quotations from our report on the irrigation of the San Joaquin, 
Tulare and Sacramento Valleys, published as House of Representatives, 
Executive Document 290, XLIII Congress, 1st Session. 

When comparing the relative rainfall of the northern part of the great 
valley with the southwestern extremity thereof, in the vicinity of Kern 
Lake, we said that “this latter section is the driest region in the whole 
valley, and probably only half the rain falls there that falls about the vi¬ 
cinity of Bakersfield.” (p. 11.) 

At that time the only rainfall data we could gather near Bakersfield 
was for the year 1870-71, when 2.4 inches fell at Modesto, (p, 14.) 

In 1870-71 and 1872-3, the rainfall at Visalia, farther north, was respec¬ 
tively 6:8 and 7.2 inches, and the crops were failures, (p. 11.) 

The rainfall of the years 1868—69, 1869— 7 ° and 1870—71 was marked 
as not only below the average over the whole extent of the country, but 
throughout the southern section, south of Monterey, and in the southern 


DESERT LANDS. 


3°3 


part of the great valley, the rainfall was so limited that neither grain nor 
grass grew. Hundreds of farms were abandoned, and stock men were 
compelled to drive their cattle, horses and sheep to the gulches of the 
mounains, not only for food but for water, (p. 14.) 

“From Tulare Lake to San Diego the country was nearly desolate, 
and in March, 1871, the usual season when the crops should be luxuriant, 
not a blade of grass was to be seen over the great plains and through the 
valleys, which are richly covered after favorable rains. Hundreds of 
thousands of sheep, horses and cattle were lost by starvation, (p. 15.) 

“The practical deduction of the farmers in the southern part of the 
great valley is that they can secure about two crops in five seasons ; but 
this is still reduced in the extreme southern section, where we traversed 
ten and twenty miles at a time without a cabin to indicate a claim, yet 
where the land was remarkably good. The great drought of the seasons 
1862-63, 1 863-64, when only 13.6 and 10.1 inches of rain fell at San Fran¬ 
cisco, was not so severely felt by the State, because the population was 
much smaller, and grain crops were not then so largely cultivated ; but a 
recurrence of such years at the present time, or in the future, would be 
accompanied by the most disastrous results to the prosperity of the 
country, unless artificial means be adopted to secure the use of the waters 
from the streams.” (p. 15.) 

“In 1850 only 7.0 inches of rain fell at San Francisco ; such a season 
now without irrigation would produce a famine'” (p. 15.) 

We called attention to the very large area to be irrigated from the Kern 
River and the smaller streams and gave the warning that the water must 
be economically distributed, (p. 22.) 

We have also stated that even the scant rainfall of this section did not 
do its full duty for the crops. “During May, 1873, we experienced a 
temperature of 130 degrees in the sun between Bakersfield and San 
Emedio Canyon, and for months the temperature in the sun ranges over 
100 degrees. This great heat accompanied by excessive dryness of the 
atmosphere and months of cloudless sky evaporates every particle of 
moisture from the ground, and produces conditions which the farmers of 
the Atlantic States can hardly comprehend. It also demands a larger 
supply of water for maturing a crop than would be the case if the ground 
were moist when the proper season of plowing and sowing arrived.” 
(p. 12.) 

“ Throughout the valley at mid-day, in the middle of summer, the tem¬ 
perature very closely approximates 100 degrees in the shade, and is fre¬ 
quently above that.” (p. 17.) 

And among the conclusions which we reached will be found the fol¬ 
lowing: 


3°4 


DESERT LANDS. 


“4th. That irrigation is much needed, particularly in the San Joaquin 
and Tulare Valleys. The productions of these valleys could be increased 
many fold by a comprehensive system of irrigation. The value of the 
irrigable land and of the revenue derived from it, both by the State and 
by the people, will be increased in the same ratio, (p. 77.) 

“21st. That the relation of the United States to the irrigation of Cali¬ 
fornia is for the most part indirect, but that—in the southern end of the 
valley, between Visalia and Bakersfield, and south of this town—it is be¬ 
lieved that the United States own rhany thousand acres of land which are 
capable of irrigation ; that most of this land cannot be cultivated under 
existing circumstances ; that it has no value except for pasturage during 
part of the year ; that, if irrigated, its value would be increased many 
fold ; that under these circumstances it may be a question whether the 
United States ought not in some way to encourage the irrigation of these 
lands.” (p. 80.) 

These extracts from our report clearly indicate the opinions which we 
held at that time. 

Our second visit to this locality made us familiar with the changes 
which had taken place in a little more than four years. 

Instead of one or two canals, as in 1873, in l &77 we found no less than 
twenty-seven canals, completed or in various stages of construction, and 
ready or nearly ready to take water from the river for the purpose of irri¬ 
gating the lands commanded by them. 

These lands are nearly all within the district of the delta or island be¬ 
fore described. Several canals are, however, under construction for the 
purpose of irrigating the uplands. 

The aggregate capacity of these canals is probably fully up to the 
flowage of the river in a good stage of water, and several times its flow- 
age in average years between the months of July and December. 

Under such canals as were completed we saw fine farms under cultiva¬ 
tion and producing large crops of grain and alfalfa, but we have seen no 
place where a crop is raised without the aid of water transported to the 
ground by natural or artificial channels, and distributed, either by the 
usual process of irrigation, by seepage, or, occasionally, by natural over¬ 
flow. 

Above the canals within the radius of our examinations we have failed 
to see a sign of successful cultivation, or, indeed, of an attempt at 
cultivation. 

The only occupants of this land are the nomadic sheep herders, who 
manage to secure a sustenance for their flocks during a part of the year. 

At present this district above the canals, when not covered with sag 


DESERT LANDS. 


305 


brush, is perfectly ba/e of vegetation, and it is hardly possible to find a 
drier landscape than this desolate country presents. 

We are, therefore, confirmed in the views which were expressed in our 
irrigation report, and we feel sure that there is no chance of error in 
stating that all the land under consideration outside of Kern Island is 
perfectly worthless for purposes of cultivation without the aid of irrigation. 

The same statement may be made with reference to the land embraced 
within the limits of Kern Island, with the qualification that there are ex¬ 
ceptional strips of small area which lie upon the water courses and receive 
from them by seepage or overflow a certain quantity of water. 

Even the lands classed as overflowed lands require irrigation and are 
irrigated. 

The explanation of this want of production in the soil must be sought 
in the habitual dryness of the climate, and the absence of fogs or clouds 
to modify the high mean temperature which prevails for most of the year 
and evaporates moisture with great intensity. Something is doubtless, in 
special instances, particularly in the sandy delta, due to the porosity of 
the soil, and the absence, within reasonable distance, of a retentive sub¬ 
soil. The main difficulty, however, is the want of rain. 

The only statistics of rainfall bearing on the subject, which we have at 
command, are those taken at the stations of the Southern and Central 
Pacific Railroads, which are as follows : 


TOWNS. 


Sumner (Bakersfield) 
Delano, - - - 

Tulare, 

Borden, - 
Merced, 

Modesto, 

Stockton, - 
Sacramento, - 
Marysville, 

Chico, 


Rainfall in Inches. 

1871-2. 

1872-3. 

1873-4. 

1874-5- 

1875-6. 

1876-7. 





5.00 

2.85 





3 - 9 1 

4 -i 5 





6.02 

3- 6 5 





4-79 

1.85 

9 - 5 ° 

11.00 


10.40 

12.68 

3.20 


12. 80 

7-6 5 

11.50 

8.00 

13-39 

4-25 

20. 60 

11.40 

iS -25 

n.23 

18.84 

7.22 

25 - 5 ° 

13- 4 T 

23-77 

17-75 

25-52 

9.18 

21.50 

13-°3 

26.87 

13.84 

17.36 

12.16 

31.00 

15.09 

25 - 3 ° 

18.96 

24,70 

16.52 




























































3°6 


DESERT LANDS, 


Sumner, Delano and Tulare may be regarded as within the district we 
are now considering. 

A comparison of these results indicates, with some qualification, that 
the rainfall increases as we go north. 

The crops in 1875-6 were very good, even in the San Joaquin Valley. 
In the next year, 1876-7, with a reduced rainfall, there was a failure of 
crops in the San Joaquin Valley, and a partial failure in the Sacramento 
Valley. 

We may therefore conclude with certainty that the rainfall at Bakers¬ 
field in 1875-6, which was a season of good rainfall—rather better than 
the average—was insufficient for the production of an agricultural crop, 
even in a soil retentive of moisture, and still less in a sandy soil, as is 
the^greater part of the land on the island. 

The want of rain is the explanation of the fact that these lands, which 
have been open for settlement for many years, and which for three or 
four years have been accessible by rail, remain unsettled and uncultiva¬ 
ted except in places where irrigation is or can be provided. 

We may add that no part of this land can be called timber land. 

There is generally a fringe of cottonwood and willow along the water 
courses, but with these exceptions there is no growth of trees. 

Neither is it believed that the lands are mineral lands. 

Under this statement of facts and circumstances we feel able to say, 
without any misgiving, that, in our opinion, the lands in question are 
desert lands, as desert lands are defined in the Act of March 3, 1877 ; that 
is, that they cannot produce an agricultural crop without irrigation. 

Very Respectfully, Your Obedient Servants, 

B. S. Alexander, 
George Davidson, 

G. H. Mend ell. 































Foldout Placeholder 


This foldout is being digitized and will be 
inserted at a future date. 










) 


* 




COMPILED F 


SURVEYS 



^JScaleJ 



um^RD 


> 



















Foldout Placeholder 


This foidout is being digitized and will be 
inserted at a future date. 


































